(a) At any time, including, without limitation, on the
date of a primary municipal election or a primary state election, if the
governing body of the municipality determines, by a unanimous vote, that an
emergency exists; or

(b) On the first Tuesday after the first Monday in
June of an odd-numbered year.

Ê The
determination made by the governing body is conclusive unless it is shown that
the governing body acted with fraud or a gross abuse of discretion. An action
to challenge the determination made by the governing body must be commenced
within 15 days after the governing bodys determination is final. As used in
this subsection, emergency means any occurrence or combination of occurrences
which requires immediate action by the governing body of the municipality to
prevent or mitigate a substantial financial loss to the municipality or to
enable the governing body to provide an essential service to the residents of
the municipality.

3. If payment of a general obligation of the
municipality is additionally secured by a pledge of gross or net revenue of a
project to be financed by its issue, and the governing body determines, by an
affirmative vote of two-thirds of the members elected to the governing body,
that the pledged revenue will at least equal the amount required in each year
for the payment of interest and principal, without regard to any option
reserved by the municipality for early redemption, the municipality may, after
a public hearing, incur this general obligation without an election unless, within
90 days after publication of a resolution of intent to issue the bonds, a
petition is presented to the governing body signed by not less than 5 percent
of the registered voters of the municipality. Any member elected to the
governing body whose authority to vote is limited by charter, statute or
otherwise may vote on the determination required to be made by the governing
body pursuant to this subsection. The determination by the governing body
becomes conclusive on the last day for filing the petition. For the purpose of
this subsection, the number of registered voters must be determined as of the
close of registration for the last preceding general election. The resolution
of intent need not be published in full, but the publication must include the amount
of the obligation and the purpose for which it is to be incurred. Notice of the
public hearing must be published at least 10 days before the day of the
hearing. The publications must be made once in a newspaper of general
circulation in the municipality. When published, the notice of the public
hearing must be at least as large as 5 inches high by 4 inches wide.

4. The board of trustees of a school district may
issue general obligation bonds which are not expected to result in an increase
in the existing property tax levy for the payment of bonds of the school
district without holding an election for each issuance of the bonds if the
qualified electors approve a question submitted by the board of trustees that
authorizes issuance of bonds for a period of 10 years after the date of
approval by the voters. If the question is approved, the board of trustees of
the school district may issue the bonds for a period of 10 years after the date
of approval by the voters, after obtaining the approval of the debt management
commission in the county in which the school district is located and, in a
county whose population is 100,000 or more, the approval of the oversight panel
for school facilities established pursuant to NRS 393.092 in that county, if
the board of trustees of the school district finds that the existing tax for
debt service will at least equal the amount required to pay the principal and
interest on the outstanding general obligations of the school district and the
general obligations proposed to be issued.

obligations proposed to be issued. The finding made by the
board of trustees is conclusive in the absence of fraud or gross abuse of
discretion. As used in this subsection, general obligations does not include
medium-term obligations issued pursuant to NRS 350.087 to 350.095, inclusive.

5. At the time of issuance of bonds authorized
pursuant to subsection 4, the board of trustees shall establish a reserve
account in its debt service fund for payment of the outstanding bonds of the
school district. The reserve account must be established and maintained in an
amount at least equal to the lesser of the amount of principal and interest
payments due on all of the outstanding bonds of the school district in the next
fiscal year or 10 percent of the outstanding principal amount of the
outstanding bonds of the school district. If the amount in the reserve account
falls below the amount required by this subsection:

(a) The board of trustees shall not issue additional
bonds pursuant to subsection 4 until the reserve account is restored to the
level required by this subsection; and

(b) The board of trustees shall apply all of the taxes
levied by the school district for payment of bonds of the school district that
are not needed for payment of the principal and interest on bonds of the school
district in the current fiscal year to restore the reserve account to the level
required pursuant to this subsection.

6. A
question presented to the voters pursuant to subsection 4 may authorize all or
a portion of the revenue generated by the debt rate which is in excess of the
amount required:

(a) For
debt service in the current fiscal year;

(b) For
other purposes related to the bonds by the instrument pursuant to which the
bonds were issued; and

Ê to be
transferred to the county school districts fund for capital projects
established pursuant to NRS 387.328 and used to pay the cost of capital
projects which can lawfully be paid from that fund. Any such transfer must not
limit the ability of the school district to issue bonds during the period of
voter authorization if the findings and approvals required by subsection 4 are
obtained.

7.
A municipality may issue special or medium-term obligations without an
election.

Sec. 2. NRS 350.659 is hereby amended
to read as follows:

350.659 The governing body of a [municipality]local government in a county whose
population is [50,000]20,000 or more, subject to any contractual
limitations from time to time imposed upon the [municipality]local government by
any ordinance authorizing the issuance of outstanding securities of the [municipality]local government or
by any trust indenture or other proceedings appertaining thereto, may cause to
be invested and reinvested, except as otherwise provided in NRS 350.698, any
proceeds of taxes, any pledged revenues and any proceeds of bonds or other [municipal]local government securities
issued hereunder for which the amount of the principal of the original issuance
was [$10,000,000]$5,000,000 or more in an investment contract
that is collateralized with securities issued by the Federal Government or
agencies of the Federal Government if:

1. The collateral has a market value of at least 102
percent of the amount invested and any accrued unpaid interest thereon;

2. In a
county whose population is 20,000 or more but less than 50,000:

(a) The
local government employs a full-time finance director; and

(b) The
terms of the investment contract have been reviewed by independent bond
counsel, who has determined that the contract complies with this section;

3. The
[municipality]local government receives a security interest
in the collateral that is fully perfected and the collateral is held in custody
for the [municipality]local government or its trustee by a third-party
agent of the [municipality]local government which is a commercial bank
authorized to exercise trust powers;

[3.]4. The market value of the collateral is
determined not less frequently than weekly and, if the ratio required by
subsection 1 is not met, sufficient additional collateral is deposited with the
agent of the [municipality]local government to meet that ratio within 2
business days after the determination; and

[4.]5. The party with whom the investment
contract is executed is a commercial bank, or that party or a guarantor of the
performance of that party is:

(a) An insurance company which has a rating on its
ability to pay claims of not less than Aa2 by Moodys Investors Service,
Inc., or AA by Standard and Poors Ratings Services, or their equivalent; or

(b) An entity which has a credit rating on its
outstanding long-term debt of not less than A2 by Moodys Investors Service,
Inc., or A by Standard and Poors Ratings Services, or their equivalent.

Sec. 3. NRS 355.178 is hereby amended
to read as follows:

355.178 1. The governing body of a city whose
population is 150,000 or more or a county whose population is 100,000 or more
may lend securities from its investment portfolio if:

(a) The investment portfolio has a value of at least
$100,000,000;

(b) The treasurer of the city or county:

(1) Establishes a policy for investment that
includes provisions which set forth the procedures to be used to lend
securities pursuant to this section; and

(2) Submits the policy established pursuant to
subparagraph (1) to the city or county manager and prepares and submits to the
city or county manager a monthly report that sets forth the securities that
have been lent pursuant to this section and any other information relating
thereto, including, without limitation, the terms of each agreement for the
lending of those securities; and

(c) The governing body receives collateral from the
borrower in the form of cash or marketable securities that are:

(1) Authorized pursuant to NRS 355.170, if the
collateral is in the form of marketable securities; and

(2) At least 102 percent of the value of the
securities borrowed.

2. The governing body of a city or consolidated
municipality whose population is [60,000]25,000 or more but less
than 150,000 may lend securities from its investment portfolio if:

(a) The investment portfolio has a value of at least
$50,000,000;

(b) The governing body is currently authorized to lend
securities pursuant to subsection 5;

(1) Establishes a policy for investment that
includes provisions which set forth the procedures to be used to lend
securities pursuant to this section; and

(2) Submits the policy established pursuant to
subparagraph (1) to the manager of the city , [or]
consolidated municipality or other
local government and prepares and submits to the manager of the
city , [or]
consolidated municipality or other
local government a monthly report that sets forth the securities
that have been lent pursuant to this section and any other information relating
thereto, including, without limitation, the terms of each agreement for the
lending of those securities; and

(d) The governing body receives collateral from the
borrower in the form of cash or marketable securities that are:

(1) Authorized pursuant to NRS 355.170, if the
collateral is in the form of marketable securities; and

(2) At least 102 percent of the value of the
securities borrowed.

3. The governing body of a city, county or
consolidated municipality may enter into such contracts as are necessary to
extend and manage loans pursuant to this section.

4. The total of investments made by a particular city,
county or consolidated municipality with collateral received pursuant to
subsection 1 or 2 must have an average weighted maturity of not more than 90
days.

5. The governing body of a city or consolidated
municipality whose population is [60,000]25,000 or more but less
than 150,000 shall not lend securities from its investment portfolio unless it
has been authorized to do so by the State Board of Finance. The State Board of
Finance shall adopt regulations that establish minimum standards for granting authorization
pursuant to this subsection. Such an authorization is valid for 2 years and may
be renewed by the State Board of Finance for additional 2-year periods.

6. As used in this section, average weighted
maturity means the average length of time until the securities in which a
particular city, county or consolidated municipality has invested with
collateral received pursuant to subsection 1 or 2 will mature or be redeemed by
their issuers, with the length of time of each individual security
proportionally weighted according to the total dollar amount that the
particular city, county or consolidated municipality has invested in that
individual security with collateral received pursuant to subsection 1 or 2.

Sec. 4. NRS 387.516 is hereby amended
to read as follows:

387.516 1. The board of trustees of a school
district may apply to the State Treasurer for a guarantee agreement whereby
money in the State Permanent School Fund is used to guarantee the payment of the
debt service on bonds that the school district will issue. The amount of the
guarantee for bonds of each school district outstanding at any one time must
not exceed [$25,000,000.] $40,000,000.

2. The application must be on a form prescribed by
the State Treasurer. The State Treasurer shall develop the form in consultation
with the Executive Director.

3. Medium-term obligations entered into pursuant to
the provisions of NRS 350.087 to 350.095, inclusive, are not eligible for
guarantee pursuant to NRS 387.513 to 387.528, inclusive.

4. Upon receipt of an application for a guarantee
agreement from a school district, the State Treasurer shall provide a copy of
the application and any supporting documentation to the Executive Director. As
soon as practicable after receipt of a copy of an
application, the Executive Director shall investigate the ability of the school
district to make timely payments on the debt service of the bonds for which the
guarantee is requested.

practicable after receipt of a copy of an application, the
Executive Director shall investigate the ability of the school district to make
timely payments on the debt service of the bonds for which the guarantee is
requested. The Executive Director shall submit a written report of his
investigation to the State Board of Finance indicating his opinion as to
whether the school district has the ability to make timely payments on the debt
service of the bonds.

AN ACT
relating to elections; requiring the governing body of certain political
subdivisions that submits a question to the voters to create a description of
anticipated financial effect; requiring certain persons or groups of persons
advocating the passage or defeat of certain initiatives or referenda to provide
various information to the Secretary of State concerning campaign
contributions, expenditures and expenses; requiring circulators of certain
petitions to attach an affidavit to each document of the petition; authorizing
the Legislative Counsel to provide technical suggestions regarding certain
initiatives and referenda; requiring the governing body of a local government
to prepare a description of anticipated financial effect when a petition for
initiative or referendum is filed with the county or city clerk; providing a
civil penalty; and providing other matters properly relating thereto.

[Approved: June 13,
2007]

Legislative Counsels Digest:

Sections 2 and 3 of this bill require the
governing body of certain political subdivisions that submits a question to the
voters that will appear on the ballot at certain elections to create a
description of the anticipated financial effect that such a question could have
on the political subdivision if the question were approved by the voters. Sections
4 and 5 of this bill require that such descriptions appear on the sample
ballots.

Chapter 294A of NRS governs campaign practices.
NRS 294A.150 and 294A.220 require persons or groups of persons advocating the
passage or defeat of a question on a ballot to submit reports to the Secretary
of State on campaign contributions, expenditures and expenses. Sections 11
and 12 of this bill provide a higher reporting threshold for those persons
or groups. Section 7 of this bill creates a new section for persons and
groups of persons advocating the passage or defeat of a constitutional
amendment or a statewide measure proposed by an initiative or referendum and
that have received or expended at least $10,000 for that purpose. The
provisions of this new section require such persons or groups to submit similar
campaign contribution and expense reports to the Secretary of State on a
different schedule, with a higher reporting threshold and with certain
additional information. Section 8 of this bill requires such persons and
groups to appoint a resident agent who lives in Nevada, regardless of the
amount of money they have received or expended. Section 9 of this bill
requires such persons and groups to file an organizational statement with the Secretary of State, regardless
of the amount of money they have received or expended.

Secretary of State, regardless of the amount of money
they have received or expended. Section 10 of this bill requires such
persons and groups who pay others to circulate petitions to disclose certain
financial information to the Secretary of State. Section 17 of this bill
provides that such persons and groups who violate section 7 are subject
to civil penalties.

Chapter 295 of NRS governs petitions for statewide
and local initiatives and referenda. Section 19 of this bill requires
the county clerks who receive the petitions for statewide initiatives or
referenda for the purpose of signature verification to make copies of the
petitions and make them available to the public for not less than 14 days. Section
20 of this bill requires petition circulators for statewide measures or
referenda to attach an affidavit to each document of a petition attesting to
certain information about the process of gathering signatures. Section 21
of this bill prohibits paying people to sign petitions.

Existing law requires the Secretary of State to
consult with the Fiscal Analysis Division of the Legislative Counsel Bureau
regarding the possible financial effect on the State of any statewide
initiative or referendum. (NRS 295.015) Section 24 of this bill requires
the Secretary of State also to consult with the Legislative Counsel regarding
each statewide initiative or referendum and authorizes the Legislative Counsel
to make technical suggestions regarding the petition. Sections 25 and 26
of this bill provide that when a petition for county initiative or referendum
or municipal initiative or referendum is filed with the county or city clerk,
the clerk is required to consult with the appropriate governing body to
determine whether the initiative or referendum would have a financial effect on
the local government, if approved by the voters. If the appropriate governing
body determines that the initiative or referendum would have a financial
effect, sections 25 and 26 require the governing body to create a
description of the anticipated financial effect and require the appropriate
clerk to post such a description on his Internet website, if he maintains an
Internet website.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 293.4687 is hereby amended to read as follows:

293.4687 1. The Secretary of State shall maintain a
website on the Internet for public information maintained, collected or
compiled by the Secretary of State that relates to elections, which must include,
without limitation:

(a) The Voters Bill of Rights required to be posted
on his Internet website pursuant to the provisions of NRS 293.2549;

(b) The abstract of votes required to be posted on a
website pursuant to the provisions of NRS 293.388; and

(c) All reports on campaign contributions and
expenditures submitted to the Secretary of State pursuant to the provisions of
NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220,
294A.270, 294A.280, 294A.360 and 294A.362[.] and section 7 of this act.

2. The abstract of votes required to be maintained on
the website pursuant to paragraph (b) of subsection 1 must be maintained in
such a format as to permit the searching of the abstract of votes for specific
information.

3. If the information required to be maintained by
the Secretary of State pursuant to subsection 1 may be obtained by the public
from a website on the Internet maintained by a county clerk or city clerk, the
Secretary of State may provide a hyperlink to that website to comply with the
provisions of subsection 1 with regard to that information.

293.481 1. Except as otherwise provided in
subsection 2 , [or
NRS 295.121 or 295.217,] every governing body of a
political subdivision, public or quasi-public corporation, or other local
agency authorized by law to submit questions to the qualified electors or
registered voters of a designated territory, when the governing body decides to
submit a question:

(a) At a general election, shall provide to each
county clerk within the designated territory on or before the third Monday in
July preceding the election:

(1) A copy of the question, including an
explanation of the question;

(2) [Arguments]Except as otherwise provided in
NRS 295.121 or 295.217, arguments for and against the question;
and

(3) [If]A description of the anticipated
financial effect on the local government which, if the question
is an advisory question that proposes a bond, tax, fee or expense, [a
fiscal note prepared by the governing body]must be prepared in
accordance with subsection 4 of NRS 293.482.

(b) At a primary election, shall provide to each
county clerk within the designated territory on or before the second Friday
after the first Monday in May preceding the election:

(1) A copy of the question, including an explanation
of the question;

(2) Arguments for and against the question; and

(3) [If]A description of the anticipated
financial effect on the local government which, if the question
is an advisory question that proposes a bond, tax, fee or expense, [a
fiscal note prepared by the governing body]must be prepared in
accordance with subsection 4 of NRS 293.482.

(c) At any election other than a primary or general
election at which the county clerk gives notice of the election or otherwise
performs duties in connection therewith other than the registration of electors
and the making of records of registered voters available for the election,
shall provide to each county clerk at least 60 days before the election:

(1) A copy of the question, including an explanation
of the question;

(2) Arguments for and against the question; and

(3) [If]A description of the anticipated
financial effect on the local government which, if the question
is an advisory question that proposes a bond, tax, fee or expense, [a
fiscal note prepared by the governing body]must be prepared in
accordance with subsection 4 of NRS 293.482.

(d) At any city election at which the city clerk gives
notice of the election or otherwise performs duties in connection therewith,
shall provide to the city clerk at least 60 days before the election:

(1) A copy of the question, including an
explanation of the question;

(2) Arguments for and against the question; and

(3) [If]A description of the anticipated
financial effect on the local government which, if the question
is an advisory question that proposes a bond, tax, fee or expense, [a
fiscal note prepared by the governing body]must be prepared in
accordance with subsection 4 of NRS 293.482.

2. A question may be submitted after the dates specified
in subsection 1 if the question is expressly privileged or required to be
submitted pursuant to the provisions of Article 19 of the Constitution of the
State of Nevada, or pursuant to the provisions of chapter 295 of NRS or any
other statute except NRS 293.482, 354.59817, 354.5982, 387.3285 or 387.3287 or
any statute that authorizes the governing body to issue bonds upon the approval
of the voters.

3. A county or city clerk may charge any political
subdivision, public or quasi-public corporation, or other local agency which
submits a question a reasonable fee sufficient to pay for the increased costs
incurred in including the question, explanation, arguments and [fiscal
note]description
of the anticipated financial effect on the ballot.

Sec. 3. NRS 293.482 is hereby amended
to read as follows:

293.482 1. The governing body of a county or city
may, at any general election or general city election, ask the advice of the
registered voters within its jurisdiction on any question which it has under
consideration. No other political subdivision, public or quasi-public
corporation, or other local agency may ask the advice of the registered voters
within its jurisdiction on any question which it has under consideration.

2. To place an advisory question on the ballot at a
general election or general city election, the governing body of a county or
city must:

(a) Adopt a resolution that:

(1) Sets forth:

(I) The question, in language indicating
clearly that the question is advisory only;

(II) An explanation of the question;

(III) Except as otherwise provided in NRS
295.121 and 295.217, arguments for and against the question; and

(IV) [If]A description of the anticipated
financial effect on the local government which, if the question
is an advisory question that proposes a bond, tax, fee or expense, [a
fiscal note]must
be prepared by the governing body in accordance with subsection
4; and

(2) States that the result of the voting on the
question does not place any legal requirement on the governing body, any member
of the governing body or any officer of the political subdivision; and

(b) Comply with the requirements of paragraph (a) or
(d) of subsection 1 of NRS 293.481.

3. A governing body may, at any general election, ask
the advice of the registered voters of part of its territory if:

(a) The advisory question to be submitted affects only
that part of its territory; and

(b) The resolution adopted pursuant to subsection 2
sets forth the boundaries of the area in which the advice of the registered
voters will be asked.

4. With respect to a [fiscal note]description of the anticipated
financial effect that is required in connection with an advisory
question:

(a) If, in the advisory question, the governing body
seeks advice on whether bonds should be issued, the [fiscal note]description must
include any information that is required by law to be included on the sample
ballot pursuant to the provisions of law that govern the procedure for issuance
of the applicable type of bond.

(b) If, in the advisory question, the governing body
seeks advice on whether a limitation upon revenue from taxes ad valorem should
be exceeded, the [fiscal note]description must include any information that
is required by law to be included on the sample ballot pursuant to the
provisions of law that govern the procedure for exceeding that limitation.

(c) If, in the advisory question, the governing body
seeks advice on whether a tax other than a property tax described in paragraph
(b) should be levied, the [fiscal note]description must:

(1) Identify the average annual cost that is
expected to be incurred by the affected taxpayers if the tax were to be levied;

(2) Specify the period over which the tax is
proposed to be levied;

(3) Disclose whether, in connection with the
levy of the tax, revenue bonds are to be sold which will be backed by the full
faith and credit of the assessed value of the applicable local government; and

(4) If applicable, specify whether, in
connection with or following the levy of the tax, additional expenses are
expected to be incurred to pay for the operation or maintenance of any program
or service to be provided from the proceeds of the tax or to pay for the
operation or maintenance of any building, equipment, facility, machinery,
property, structure, vehicle or other thing of value to be purchased, improved
or repaired with the proceeds of the tax.

(d) If, in the advisory question, the governing body
seeks advice on whether a fee should be imposed, the [fiscal note]description must:

(1) Identify the average annual cost that is
expected to be incurred by the affected users if the fee were to be imposed;

(2) Specify the period over which the fee is
proposed to be imposed; and

(3) If applicable, specify whether, in
connection with or following the imposition of the fee, additional expenses are
expected to be incurred to pay for the program or service to be provided from
the proceeds of the fee or to pay for the operation or maintenance of any
building, equipment, facility, machinery, property, structure, vehicle or other
thing of value to be purchased, improved or repaired with the proceeds of the fee.

(e) If, in the advisory question, the governing body
seeks advice on whether the applicable local government should incur an
expense, the [fiscal note]description must:

(1) Identify the source of revenue that will be
used to pay the expense;

(2) Disclose whether it is expected that the
incurring of the expense will require the levy or imposition of a new tax or
fee or the increase of an existing tax or fee; and

(3) If a tax or fee is proposed to be levied or
imposed or increased to pay the expense, contain the information required
pursuant to paragraph (c) or (d), as applicable.

5. On the sample ballot for the general election or
general city election, each advisory question must appear:

(a) With a title in substantially the following form:
Advisory Ballot Question No. ....; and

(b) With its explanation, arguments and[, if required, fiscal
note.]
description of the anticipated financial effect.

6. The Committee on Local Government Finance shall
prepare sample advisory ballot questions to demonstrate, for each situation
enumerated in paragraphs (a) to (e), inclusive, of subsection 4, examples of
the manner in which [fiscal notes]descriptions of the anticipated financial effect should
be prepared.

(b) The fiscal note[,]or description of anticipated financial
effect, as provided pursuant to NRS 218.443, 293.250, 293.481 [or
293.482,],
293.482, 295.015 or 295.095 for each proposed constitutional
amendment, statewide measure, measure to be voted upon only by a special
district or political subdivision and advisory question;

(c) An explanation, as provided pursuant to NRS
218.443, 293.250, 293.481, 293.482 or 295.121, of each proposed constitutional
amendment, statewide measure, measure to be voted upon only by a special
district or political subdivision and advisory question;

(d) Arguments for and against each proposed
constitutional amendment, statewide measure, measure to be voted upon only by a
special district or political subdivision and advisory question, and rebuttals
to each argument, as provided pursuant to NRS 218.443, 293.250, 293.252,
293.481, 293.482 or 295.121; and

(e) The full text of each proposed constitutional
amendment.

2. Sample ballots that are mailed to registered
voters may be printed without the full text of each proposed constitutional
amendment if:

(a) The cost of printing the sample ballots would be
significantly reduced if the full text of each proposed constitutional amendment
were not included;

(b) The county clerk ensures that a sample ballot that
includes the full text of each proposed constitutional amendment is provided at
no charge to each registered voter who requests such a sample ballot; and

(c) The sample ballots provided to each polling place
include the full text of each proposed constitutional amendment.

3. Before the period for early voting, but not later
than 10 days before any election, the county clerk shall cause to be mailed to
each registered voter in the county a sample ballot for his precinct with a
notice informing the voter of the location of his polling place. If the
location of the polling place has changed since the last election:

(a) The county clerk shall mail a notice of the change
to each registered voter in the county not sooner than 10 days before mailing
the sample ballots; or

(b) The sample ballot must also include a notice in
bold type immediately above the location which states:

NOTICE: THE LOCATION
OF YOUR POLLING PLACE

HAS CHANGED SINCE THE
LAST ELECTION

4. Except as otherwise provided in subsection 5, a
sample ballot required to be mailed pursuant to this section must:

(a) Be printed in at least 12-point type; and

(b) Include on the front page, in a separate box
created by bold lines, a notice printed in at least 20-point bold type that
states:

NOTICE: TO RECEIVE A
SAMPLE BALLOT IN

LARGE TYPE, CALL
(Insert appropriate telephone number)

5. A portion of a sample ballot that contains a
facsimile of the display area of a voting device may include material in less
than 12-point type to the extent necessary to make the facsimile fit on the
pages of the sample ballot.

6. The sample ballot mailed to a person who requests
a sample ballot in large type by exercising the option provided pursuant to NRS
293.508, or in any other manner, must be printed in at least 14-point type, or
larger when practicable.

7. If a person requests a sample ballot in large
type, the county clerk shall ensure that all future sample ballots mailed to
that person from the county are in large type.

8. The county clerk shall include in each sample
ballot a statement indicating that the county clerk will, upon request of a
voter who is elderly or disabled, make reasonable accommodations to allow the
voter to vote at his polling place and provide reasonable assistance to the
voter in casting his vote, including, without limitation, providing appropriate
materials to assist the voter. In addition, if the county clerk has provided
pursuant to subsection 4 of NRS 293.2955 for the placement at centralized
voting locations of specially equipped voting devices for use by voters who are
elderly or disabled, the county clerk shall include in the sample ballot a
statement indicating:

(a) The addresses of such centralized voting
locations;

(b) The types of specially equipped voting devices
available at such centralized voting locations; and

(c) That a voter who is elderly or disabled may cast
his ballot at such a centralized voting location rather than at his regularly
designated polling place.

9. The cost of mailing sample ballots for any
election other than a primary or general election must be borne by the
political subdivision holding the election.

Sec. 5. NRS 293C.530 is hereby amended
to read as follows:

293C.530 1. Before the period for early voting, but
not later than 10 days before an election, the city clerk shall cause to be
mailed to each registered voter in the city a sample ballot for his precinct
with a notice informing the voter of the location of his polling place. If the
location of the polling place has changed since the last election:

(a) The city clerk shall mail a notice of the change
to each registered voter in the city not sooner than 10 days before mailing the
sample ballots; or

(b) The sample ballot must also include a notice in
bold type immediately above the location which states:

NOTICE: THE LOCATION
OF YOUR POLLING PLACE

HAS CHANGED SINCE THE
LAST ELECTION

2. Except as otherwise provided in subsection 3, a
sample ballot required to be mailed pursuant to this section must:

(a) Be printed in at least 12-point type;

(b) Include the [fiscal note]description of the anticipated
financial effect and explanation[, as required pursuant to
NRS 293.481 or 293.482,] of each citywide measure and
advisory question, including arguments for and against [it;]the measure or question, as
required pursuant to NRS 293.481, 293.482, 295.205 or 295.217; and

(c) Include on the front page, in a separate box
created by bold lines, a notice printed in at least 20-point bold type that
states:

3. A portion of a sample ballot that contains a
facsimile of the display area of a voting device may include material in less
than 12-point type to the extent necessary to make the facsimile fit on the
pages of the sample ballot.

4. The sample ballot mailed to a person who requests
a sample ballot in large type by exercising the option provided pursuant to NRS
293.508, or in any other manner, must be printed in at least 14-point type, or
larger when practicable.

5. If a person requests a sample ballot in large
type, the city clerk shall ensure that all future sample ballots mailed to that
person from the city are in large type.

6. The city clerk shall include in each sample ballot
a statement indicating that the city clerk will, upon request of a voter who is
elderly or disabled, make reasonable accommodations to allow the voter to vote
at his polling place and provide reasonable assistance to the voter in casting
his vote, including, without limitation, providing appropriate materials to
assist the voter. In addition, if the city clerk has provided pursuant to
subsection 4 of NRS 293C.281 for the placement at centralized voting locations
of specially equipped voting devices for use by voters who are elderly or
disabled, the city clerk shall include in the sample ballot a statement
indicating:

(a) The addresses of such centralized voting
locations;

(b) The types of specially equipped voting devices
available at such centralized voting locations; and

(c) That a voter who is elderly or disabled may cast
his ballot at such a centralized voting location rather than at his regularly
designated polling place.

7. The cost of mailing sample ballots for a city
election must be borne by the city holding the election.

Sec. 6. Chapter 294A of NRS is hereby
amended by adding thereto the sections set forth as sections 7 to 10,
inclusive, of this act.

Sec. 7. 1. Every person or group of persons organized formally or
informally who advocates the passage or defeat of a constitutional amendment or
statewide measure proposed by an initiative or referendum, including, without
limitation, the initiation or circulation thereof, and who receives or expends
money in an amount in excess of $10,000 for such advocacy shall, not later than
the dates listed in subsection 2, report:

(a) Each
campaign contribution in excess of $1,000 received during each period described
in subsection 2;

(b) Contributions
received during each period described in subsection 2 from a contributor which
cumulatively exceed $1,000;

(c) Each
expenditure in excess of $1,000 the person or group of persons makes during
each period described in subsection 2; and

(d) The
total amount of money the person or group of persons has at the beginning of
each period described in subsection 2, accounting for all contributions
received and expenditures made during each previous period.

2. Every
person or group of persons required to report pursuant to subsection 1 shall
file that report with the Secretary of State:

(a) For
the period beginning on the first day a copy of the petition may be filed with
the Secretary of State before it is circulated for signatures pursuant to Section 1 or Section 2 of Article 19 of the Nevada
Constitution, as applicable, and ending on the following March 31, not later
than April 15;

pursuant to
Section 1 or Section 2 of Article 19 of the Nevada Constitution, as applicable,
and ending on the following March 31, not later than April 15;

(b) For
the period beginning on April 1 and ending on July 31, not later than August
15;

(c) For
the period beginning on August 1 and ending on September 30, not later than
October 15; and

(d) For
the period beginning on October 1 and ending on December 31, not later than the
following January 15.

3. The
name and address of the contributor and the date on which the contribution was
received must be included on each report for each contribution in excess of
$1,000 and contributions which a contributor has made cumulatively in excess of
that amount since the beginning of the applicable reporting period.

4. Expenditures
made within the State or made elsewhere but for use within the State, including
expenditures made outside the State for printing, television and radio
broadcasting or other production of the media, must be included in each report.

5. Each
report required pursuant to this section must:

(a) Be on
the form designed and provided by the Secretary of State pursuant to NRS
294A.373; and

(b) Be
signed by the person or a representative of the group of persons under penalty
of perjury.

6. A
person or group of persons may mail or transmit each report to the Secretary of
State by certified mail, regular mail, facsimile machine or electronic means or
may deliver the report personally.

7. A
report shall be deemed to be filed with the Secretary of State:

(a) On
the date that it was mailed if it was sent by certified mail; or

(b) On
the date that it was received by the Secretary of State if the report was sent
by regular mail, transmitted by facsimile machine or electronic means, or
delivered personally.

Sec. 8. Each person or group of persons organized formally or
informally who advocates the passage or defeat of a constitutional amendment or
statewide measure proposed by an initiative or referendum shall appoint and
keep within this State a resident agent who must be a natural person who
resides in this State.

Sec. 9. 1. Each person or group of persons organized formally or
informally who advocates the passage or defeat of a constitutional amendment or
statewide measure proposed by an initiative or referendum, before engaging in
any such advocacy in this State, shall file a statement of organization with
the Secretary of State as provided in subsection 2.

2. Each
statement of organization must include:

(a) The
name of the person or group of persons;

(b) The
purpose for which the person or group of persons is organized;

(c) The
namesand addresses
of any officers of the person or group of persons;

(d) If the
person or group of persons is affiliated with or is retained by any other
person or group for the purpose of advocating the passage or defeat of a
constitutional amendment or statewide measure proposed by initiative or
referendum, the name and address of each such other person or group; and

(e) The
name, address and telephone number of the resident agent of the person or group
of persons.

3. A
person or group of persons which has filed a statement of organization pursuant
to this section shall file an amended statement with the Secretary of State
within 30 days of any changes to the information required pursuant to
subsection 2.

Sec. 10. 1. Each person or group of persons organized formally or
informally who advocates the passage or defeat of a constitutional amendment or
statewide measure proposed by an initiative or referendum that provides
compensation to persons to circulate petitions shall report to the Secretary of
State:

(a) The
number of persons to whom such compensation is provided;

(b) The
least amount of such compensation that is provided and the greatest amount of
such compensation that is provided; and

(c) The
total amount of compensation provided.

2. The
Secretary of State shall make public any information received pursuant to this
section.

Sec. 11. NRS 294A.150 is hereby amended
to read as follows:

294A.150 1. [Every]Except as otherwise provided in
section 7 of this act, every person or group of persons organized
formally or informally who advocates the passage or defeat of a question or
group of questions on the ballot at a primary election, primary city election,
general election or general city election [and every person or group
of persons who initiates or circulates a petition for a constitutional
amendment or a petition for a statewide measure proposed by an initiative or a
referendum and who receives or expends money in an amount in excess of $10,000
to support such initiation or circulation] shall, not
later than January 15 of each year that the provisions of this subsection apply
to the person or group of persons, for the period from January 1 of the
previous year through December 31 of the previous year, report each campaign
contribution in excess of [$100]$1,000 received during that period and
contributions received during the period from a contributor which cumulatively
exceed [$100.]$1,000. The report must be completed on the
form designed and provided by the Secretary of State pursuant to NRS 294A.373.
The form must be signed by the person or a representative of the group under
penalty of perjury. The provisions of this subsection apply to the person or
group of persons:

(a) Each year in which an election or city election is
held for each question for which the person or group advocates passage or
defeat ;[or
each year in which a person or group receives or expends money in excess of
$10,000 to support the initiation or circulation of a petition for a
constitutional amendment or a petition for a statewide measure proposed by an
initiative or a referendum;] and

(b) The year after each year described in paragraph
(a).

2. If a question is on the ballot at a primary
election or primary city election and the general election or general city
election immediately following that primary election or primary city election
is held on or after January 1 and before the July 1 immediately following that
January 1, every person or group of persons organized formally or informally
who advocates the passage or defeat of the question or a group of questions
that includes the question shall comply with the requirements of this
subsection. If a question is on the ballot at a general election or general
city election held on or after January 1 and before the July 1 immediately
following that January 1, every person or group of
persons organized formally or informally who advocates the passage or defeat of
the question or a group of questions that includes the question shall comply
with the requirements of this subsection.

person or group of persons organized formally or informally
who advocates the passage or defeat of the question or a group of questions
that includes the question shall comply with the requirements of this
subsection. A person or group of persons described in this subsection shall,
not later than:

(a) Seven days before the primary election or primary
city election, for the period from the January 1 immediately preceding the
primary election or primary city election through 12 days before the primary
election or primary city election;

(b) Seven days before the general election or general
city election, for the period from 11 days before the primary election or
primary city election through 12 days before the general election or general
city election; and

(c) July 15 of the year of the general election or
general city election, for the period from 11 days before the general election
or general city election through June 30 of that year,

Ê report each
campaign contribution in excess of [$100]$1,000 received
during the period and contributions received during the period from a
contributor which cumulatively exceed [$100.]$1,000. The report
must be completed on the form designed and provided by the Secretary of State
pursuant to NRS 294A.373 and signed by the person or a representative of the
group under penalty of perjury.

3. The name and address of the contributor and the
date on which the contribution was received must be included on the report for
each contribution in excess of [$100]$1,000 and contributions which a contributor
has made cumulatively in excess of that amount since the beginning of the
current reporting period.

4. If a question is on the ballot at a primary
election or primary city election and the general election or general city
election immediately following that primary election or primary city election
is held on or after July 1 and before the January 1 immediately following that
July 1, every person or group of persons organized formally or informally who
advocates the passage or defeat of the question or a group of questions that
includes the question shall comply with the requirements of this subsection. [If]Except as otherwise provided in
section 7 of this act, if a question is on the ballot at a
general election or general city election held on or after July 1 and before
the January 1 immediately following that July 1, every person or group of
persons organized formally or informally who advocates the passage or defeat of
the question or a group of questions that includes the question shall comply
with the requirements of this subsection. [Every person or group of
persons who initiates or circulates a petition for a constitutional amendment
or a petition for a statewide measure proposed by an initiative or a referendum
and who receives or expends money in an amount in excess of $10,000 to support such
initiation or circulation shall comply with the requirements of this
subsection.] A person or group of persons described in
this subsection shall, not later than:

(a) Seven days before the primary election or primary
city election, for the period from the January 1 immediately preceding the
primary election or primary city election through 12 days before the primary
election or primary city election; and

(b) Seven days before the general election or general
city election, for the period from 11 days before the primary election or
primary city election through 12 days before the general election or general
city election,

Ê report each
campaign contribution in excess of [$100]$1,000 received
during the period and contributions received during the period from a
contributor which cumulatively exceed [$100.]$1,000. The report
must be completed on the form designed and provided by the Secretary of State
pursuant to NRS 294A.373. The form must be signed by the person or a
representative of the group under penalty of perjury.

5. Except as otherwise provided in subsection 6,
every person or group of persons organized formally or informally who advocates
the passage or defeat of a question or group of questions on the ballot at a
special election shall, not later than:

(a) Seven days before the special election, for the
period from the date that the question qualified for the ballot through 12 days
before the special election; and

(b) Thirty days after the special election, for the
remaining period through the special election,

Ê report each
campaign contribution in excess of [$100]$1,000 received
during the period and contributions received during the period from a
contributor which cumulatively exceed [$100.]$1,000. The report
must be completed on the form designed and provided by the Secretary of State
pursuant to NRS 294A.373. The form must be signed by the person or a
representative of the group under penalty of perjury.

6. Every person or group of persons organized
formally or informally who advocates the passage or defeat of a question or
group of questions on the ballot at a special election to determine whether a
public officer will be recalled shall report each of the contributions received
on the form designed and provided by the Secretary of State pursuant to NRS
294A.373 and signed by the person or a representative of the group under
penalty of perjury, 30 days after:

(a) The special election, for the period from the
filing of the notice of intent to circulate the petition for recall through the
special election; or

(b) If the special election is not held because a
district court determines that the petition for recall is legally insufficient
pursuant to subsection 5 of NRS 306.040, for the period from the filing of the
notice of intent to circulate the petition for recall through the date of the
district courts decision.

7. The reports required pursuant to this section must
be filed with:

(a) If the question is submitted to the voters of one
county, the county clerk of that county;

(b) If the question is submitted to the voters of one
city, the city clerk of that city; or

(c) If the question is submitted to the voters of more
than one county or city, the Secretary of State.

8. A person may mail or transmit his report to the
appropriate officer by regular mail, certified mail, facsimile machine or
electronic means. A report shall be deemed to be filed with the officer:

(a) On the date that it was mailed if it was sent by
certified mail; or

(b) On the date that it was received by the officer if
the report was sent by regular mail, transmitted by facsimile machine or
electronic means, or delivered personally.

9. If the person or group of persons is advocating passage
or defeat of a group of questions
,[or is receiving or expending money to support a group of
petitions for constitutional amendments, a group of petitions for statewide measures proposed by initiative or referendum or a group of
petitions for both constitutional amendments and statewide measures proposed by
initiative or referendum,] the reports must be itemized by question or
petition.

measures
proposed by initiative or referendum or a group of petitions for both
constitutional amendments and statewide measures proposed by initiative or
referendum,] the reports must be itemized by question or
petition.

10. Each county clerk or city clerk who receives a
report pursuant to this section shall file a copy of the report with the
Secretary of State within 10 working days after he receives the report.

Sec. 12. NRS 294A.220 is hereby amended
to read as follows:

294A.220 1. [Every]Except as otherwise provided in
section 7 of this act, every person or group of persons organized
formally or informally who advocates the passage or defeat of a question or
group of questions on the ballot at a primary election, primary city election,
general election or general city election [and every person or group
of persons who initiates or circulates a petition for a constitutional
amendment or a petition for a statewide measure proposed by an initiative or a
referendum and who receives or expends money in an amount in excess of $10,000
to support such initiation or circulation] shall, not
later than January 15 of each year that the provisions of this subsection apply
to the person or group of persons, for the period from January 1 of the
previous year through December 31 of the previous year, report each expenditure
made during the period on behalf of or against the question, the group of
questions or a question in the group of questions on the ballot in excess of [$100]$1,000 on the form
designed and provided by the Secretary of State pursuant to NRS 294A.373. The
form must be signed by the person or a representative of the group under
penalty of perjury. The provisions of this subsection apply to the person or
group of persons:

(a) Each year in which an election or city election is
held for a question for which the person or group advocates passage or defeat ;[or each year in which a
person or group of persons receives or expends money in excess of $10,000 to
support the initiation or circulation of a petition for a constitutional
amendment or a petition for a statewide measure proposed by an initiative or a
referendum;] and

(b) The year after each year described in paragraph
(a).

2. If a question is on the ballot at a primary
election or primary city election and the general election or general city
election immediately following that primary election or primary city election
is held on or after January 1 and before the July 1 immediately following that
January 1, every person or group of persons organized formally or informally
who advocates the passage or defeat of the question or a group of questions
that includes the question shall comply with the requirements of this
subsection. If a question is on the ballot at a general election or general
city election held on or after January 1 and before the July 1 immediately
following that January 1, every person or group of persons organized formally
or informally who advocates the passage or defeat of the question or a group of
questions that includes the question shall comply with the requirements of this
subsection. A person or group of persons described in this subsection shall,
not later than:

(a) Seven days before the primary election or primary
city election, for the period from the January 1 immediately preceding the
primary election or primary city election through 12 days before the primary
election or primary city election;

(b) Seven days before the general election or general
city election, for the period from 11 days before the primary election or primary
city election through 12 days before the general election or general city
election; and

(c) July 15 of the year of the general election or
general city election, for the period from 11 days before the general election
or general city election through the June 30 immediately preceding that July
15,

Ê report each
expenditure made during the period on behalf of or against the question, the
group of questions or a question in the group of questions on the ballot in
excess of [$100]$1,000 on the form designed and provided by
the Secretary of State pursuant to NRS 294A.373 and signed by the person or a
representative of the group under penalty of perjury.

3. If a question is on the ballot at a primary
election or primary city election and the general election or general city
election immediately following that primary election or primary city election
is held on or after July 1 and before the January 1 immediately following that
July 1, every person or group of persons organized formally or informally who
advocates the passage or defeat of the question or a group of questions that
includes the question shall comply with the requirements of this subsection. [If]Except as otherwise provided in
section 7 of this act, if a question is on the ballot at a
general election or general city election held on or after July 1 and before
the January 1 immediately following that July 1, every person or group of
persons organized formally or informally who advocates the passage or defeat of
the question or a group of questions that includes the question shall comply
with the requirements of this subsection. [Every person or group of
persons who initiates or circulates a petition for a constitutional amendment
or a petition for a statewide measure proposed by an initiative or a referendum
and who receives or expends money in an amount in excess of $10,000 to support
such initiation or circulation shall comply with the requirements of this
subsection.] A person or group of persons described in
this subsection shall, not later than:

(a) Seven days before the primary election or primary
city election, for the period from the January 1 immediately preceding the
primary election or primary city election through 12 days before the primary
election or primary city election; and

(b) Seven days before the general election or general
city election, for the period from 11 days before the primary election or
primary city election through 12 days before the general election or general
city election,

Ê report each
expenditure made during the period on behalf of or against the question, the
group of questions or a question in the group of questions on the ballot in
excess of [$100]$1,000 on the form designed and provided by
the Secretary of State pursuant to NRS 294A.373. The form must be signed by the
person or a representative of the group under penalty of perjury.

4. Except as otherwise provided in subsection 5,
every person or group of persons organized formally or informally who advocates
the passage or defeat of a question or group of questions on the ballot at a
special election shall, not later than:

(a) Seven days before the special election, for the
period from the date the question qualified for the ballot through 12 days
before the special election; and

(b) Thirty days after the special election, for the
remaining period through the special election,

Ê report each
expenditure made during the period on behalf of or against the question, the
group of questions or a question in the group of questions on the ballot in
excess of [$100]$1,000 on the form designed and provided by
the Secretary of State pursuant to NRS 294A.373. The form must be signed by the
person or a representative of the group under penalty of perjury.

5. Every person or group of persons organized
formally or informally who advocates the passage or defeat of a question or
group of questions on the ballot at a special election to determine whether a
public officer will be recalled shall list each expenditure made during the
period on behalf of or against the question, the group of questions or a
question in the group of questions on the ballot in excess of [$100]$1,000 on the form
designed and provided by the Secretary of State pursuant to NRS 294A.373 and
signed by the person or a representative of the group under penalty of perjury,
30 days after:

(a) The special election, for the period from the
filing of the notice of intent to circulate the petition for recall through the
special election; or

(b) If the special election is not held because a
district court determines that the petition for recall is legally insufficient
pursuant to subsection 5 of NRS 306.040, for the period from the filing of the
notice of intent to circulate the petition for recall through the date of the
district courts decision.

6. Expenditures made within the State or made
elsewhere but for use within the State, including expenditures made outside the
State for printing, television and radio broadcasting or other production of
the media, must be included in the report.

7. The reports required pursuant to this section must
be filed with:

(a) If the question is submitted to the voters of one
county, the county clerk of that county;

(b) If the question is submitted to the voters of one
city, the city clerk of that city; or

(c) If the question is submitted to the voters of more
than one county or city, the Secretary of State.

8. If an expenditure is made on behalf of a group of
questions ,[or
a group of petitions for constitutional amendments, a group of petitions for
statewide measures proposed by initiative or referendum or a group of petitions
for both constitutional amendments and statewide measures proposed by
initiative or referendum,] the reports must be itemized by
question or petition. A person may mail or transmit his report to the
appropriate filing officer by regular mail, certified mail, facsimile machine
or electronic means. A report shall be deemed to be filed with the filing
officer:

(a) On the date that it was mailed if it was sent by
certified mail; or

(b) On the date that it was received by the filing
officer if the report was sent by regular mail, transmitted by facsimile
machine or electronic means, or delivered personally.

9. Each county clerk or city clerk who receives a
report pursuant to this section shall file a copy of the report with the
Secretary of State within 10 working days after he receives the report.

Sec. 13. NRS 294A.365 is hereby amended
to read as follows:

294A.365 1. Each report of expenditures required
pursuant to NRS 294A.210, 294A.220 and 294A.280 and section 7 of this act must consist of a
list of each expenditure in excess of $100 or $1,000, as is appropriate, that was made
during the periods for reporting. Each report of expenses required pursuant to NRS 294A.125 and 294A.200 must consist of a list of
each expense in excess of $100 that was incurred during the periods for
reporting.

pursuant to NRS 294A.125 and 294A.200 must consist of a list
of each expense in excess of $100 that was incurred during the periods for
reporting. The list in each report must state the category and amount of the
expense or expenditure and the date on which the expense was incurred or the
expenditure was made.

2. The categories of expense or expenditure for use
on the report of expenses or expenditures are:

(a) Office expenses;

(b) Expenses related to volunteers;

(c) Expenses related to travel;

(d) Expenses related to advertising;

(e) Expenses related to paid staff;

(f) Expenses related to consultants;

(g) Expenses related to polling;

(h) Expenses related to special events;

(i) Except as otherwise provided in NRS 294A.362,
goods and services provided in kind for which money would otherwise have been
paid; and

(j) Other miscellaneous expenses.

3. Each report of expenses or expenditures described
in subsection 1 must list the disposition of any unspent campaign contributions
using the categories set forth in subsection 2 of NRS 294A.160.

Sec. 14. NRS 294A.373 is hereby amended
to read as follows:

294A.373 1. The Secretary of State shall design a
single form to be used for all reports of campaign contributions and expenses
or expenditures that are required to be filed pursuant to NRS 294A.120,
294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270,
294A.280, 294A.360 and 294A.362[.] and section 7 of this act.

2. The form designed by the Secretary of State
pursuant to this section must only request information specifically required by
statute.

3. Upon request, the Secretary of State shall provide
a copy of the form designed pursuant to this section to each person, committee,
political party and group that is required to file a report described in
subsection 1.

4. The Secretary of State must obtain the advice and
consent of the Legislative Commission before providing a copy of a form
designed or revised by the Secretary of State pursuant to this section to a
person, committee, political party or group that is required to use the form.

Sec. 15. NRS 294A.390 is hereby amended
to read as follows:

294A.390 The officer from whom a candidate or entity
requests a form for:

1. A declaration of candidacy;

2. An acceptance of candidacy;

3. The registration of a committee for political
action pursuant to NRS 294A.230 or a committee for the recall of a public
officer pursuant to NRS 294A.250; or

Ê shall
furnish the candidate with the necessary forms for reporting and copies of the
regulations adopted by the Secretary of State pursuant to this chapter. An
explanation of the applicable provisions of NRS 294A.100, 294A.120, 294A.128,
294A.140, 294A.150, 294A.200, 294A.210, 294A.220,
294A.270, 294A.280 or 294A.360 or section 7 of this act relating to the making,
accepting or reporting of campaign contributions, expenses or expenditures and
the penalties for a violation of those provisions as set forth in NRS 294A.100
or 294A.420 must be developed by the Secretary of State and provided upon
request.

294A.220, 294A.270, 294A.280 or 294A.360 or section 7 of this act relating to the
making, accepting or reporting of campaign contributions, expenses or
expenditures and the penalties for a violation of those provisions as set forth
in NRS 294A.100 or 294A.420 must be developed by the Secretary of State and
provided upon request. The candidate or entity shall acknowledge receipt of the
material.

Sec. 16. NRS 294A.400 is hereby amended
to read as follows:

294A.400 The Secretary of State shall, within 30 days
after receipt of the reports required by NRS 294A.120, 294A.125, 294A.128,
294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270 and 294A.280, and section 7 of this act,
prepare and make available for public inspection a compilation of:

1. The total campaign contributions, the
contributions which are in excess of $100 and the total campaign expenses of
each of the candidates from whom reports of those contributions and expenses
are required.

2. The total amount of loans to a candidate
guaranteed by a third party, the total amount of loans made to a candidate that
have been forgiven and the total amount of written commitments for contributions
received by a candidate.

3. The contributions made to a committee for the
recall of a public officer in excess of $100.

4. The expenditures exceeding $100 made by a:

(a) Person on behalf of a candidate other than
himself.

(b) [Person or group of persons on behalf of or against a question
or group of questions on the ballot.

(c)]
Group of persons advocating the election or defeat of a candidate.

[(d)](c) Committee for the recall of a public
officer.

5. The contributions in excess of $100 made to:

(a) A person who is not under the direction or control
of a candidate or group of candidates or of any person involved in the campaign
of the candidate or group who makes an expenditure on behalf of the candidate
or group which is not solicited or approved by the candidate or group.

(b) [A person or group of persons organized formally or informally
who advocates the passage or defeat of a question or group of questions on the
ballot.

(c)]
A committee for political action, political party or committee sponsored by a
political party which makes an expenditure on behalf of a candidate or group of
candidates.

6. The
contributions in excess of $1,000 made to and the expenditures exceeding $1,000
made by a:

(a) Person
or group of persons on behalf of or against a question or group of questions on
the ballot, except as otherwise provided in paragraph (c).

(b) Person
or group of persons organized formally or informally who advocates the passage
or defeat of a question or group of questions on the ballot, except as
otherwise provided in paragraph (c).

(c) Person
or group of persons organized formally or informally who advocates the passage
or defeat of a constitutional amendment or statewide measure proposed by an
initiative or referendum, including, without limitation, the initiation or
circulation thereof, and who receives or expends money in an amount in excess
of $10,000 for such advocacy.

294A.420 1. If the Secretary of State receives
information that a person or entity that is subject to the provisions of NRS
294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.230,
294A.270, 294A.280 or 294A.360 or
section 7 of this act has not filed a report or form for
registration pursuant to the applicable provisions of those sections, the
Secretary of State may, after giving notice to that person or entity, cause the
appropriate proceedings to be instituted in the First Judicial District Court.

2. Except as otherwise provided in this section, a
person or entity that violates an applicable provision of NRS 294A.112,
294A.120, 294A.128, 294A.130, 294A.140, 294A.150, 294A.160, 294A.200, 294A.210,
294A.220, 294A.230, 294A.270, 294A.280, 294A.300, 294A.310, 294A.320 or
294A.360 or section 7 of this act
is subject to a civil penalty of not more than $5,000 for each violation and
payment of court costs and attorneys fees. The civil penalty must be recovered
in a civil action brought in the name of the State of Nevada by the Secretary
of State in the First Judicial District Court and deposited by the Secretary of
State for credit to the State General Fund in the bank designated by the State
Treasurer.

3. If a civil penalty is imposed because a person or
entity has reported its contributions, expenses or expenditures after the date
the report is due, except as otherwise provided in this subsection, the amount
of the civil penalty is:

(a) If the report is not more than 7 days late, $25
for each day the report is late.

(b) If the report is more than 7 days late but not
more than 15 days late, $50 for each day the report is late.

(c) If the report is more than 15 days late, $100 for
each day the report is late.

Ê A civil
penalty imposed pursuant to this subsection against a public officer who by law
is not entitled to receive compensation for his office or a candidate for such
an office must not exceed a total of $100 if the public officer or candidate
received no contributions and made no expenditures during the relevant
reporting periods.

4. For good cause shown, the Secretary of State may
waive a civil penalty that would otherwise be imposed pursuant to this section.
If the Secretary of State waives a civil penalty pursuant to this subsection,
the Secretary of State shall:

(a) Create a record which sets forth that the civil
penalty has been waived and describes the circumstances that constitute the
good cause shown; and

(b) Ensure that the record created pursuant to
paragraph (a) is available for review by the general public.

Sec. 18. Chapter 295 of NRS is hereby
amended by adding thereto the sections set forth as sections 19, 20 and 21 of
this act.

Sec. 19. After a petition for a constitutional amendment or a
petition for a statewide measure proposed by an initiative or referendum is submitted
for signature verification to the county clerk, the county clerk shall make
true and correct copies of all the documents of the petition and signatures
thereon and shall make such copies and signatures available to the public for a
period of not less than 14 days.

Sec. 20. A petition for a constitutional amendment or a petition for
a statewide measure proposed by an initiative or referendum may consist of more
than one document. Each document of a petition must have attached to it when
submitted an affidavit executed by the circulator thereof stating:

1. That
he personally circulated the document;

2. The
number of signatures thereon;

3. That
all the signatures were affixed in his presence; and

4. That
each signer had an opportunity before signing to read the full text of the act
or resolution on which the initiative or referendum is demanded.

Sec. 21. A person shall not give compensation of any kind to any
person in exchange for signing a petition for initiative or referendum.

Secs. 22 and 23. (Deleted by amendment.)

Sec. 24. NRS 295.015 is hereby amended
to read as follows:

295.015 1. Before a petition for initiative or
referendum may be presented to the registered voters for their signatures, a
copy of the petition for initiative or referendum, including the description
required pursuant to NRS 295.009, must be placed on file with the Secretary of
State.

2. Upon receipt of a petition for initiative or
referendum placed on file pursuant to subsection 1[, the]:

(a) The Secretary
of State shall consult with the Fiscal Analysis Division of the Legislative
Counsel Bureau to determine if the initiative or referendum may have any
anticipated financial effect on the State or local governments if the
initiative or referendum is approved by the voters. If the Fiscal Analysis
Division determines that the initiative or referendum may have an anticipated
financial effect on the State or local governments if the initiative or
referendum is approved by the voters, the Division must prepare a fiscal note
that includes an explanation of any such effect.

(b) The
Secretary of State shall consult with the Legislative Counsel regarding the
petition for initiative or referendum. The Legislative Counsel may provide
technical suggestions regarding the petition for initiative or referendum.

3. Not later than 10 business days after the
Secretary of State receives a petition for initiative or referendum filed
pursuant to subsection 1, the Secretary of State shall post a copy of the
petition, including the description required pursuant to NRS 295.009 ,[and]
any fiscal note prepared pursuant to subsection 2[,]and any suggestions made by the
Legislative Counsel pursuant to subsection 2, on his Internet
website.

Sec. 25. NRS 295.095 is hereby amended
to read as follows:

295.095 1. Any five registered voters of the county
may commence initiative or referendum proceedings by filing with the county
clerk an affidavit stating they will constitute the petitioners committee and
be responsible for circulating the petition and filing it in proper form,
stating their names and addresses and specifying the address to which all
notices to the committee are to be sent, and setting out in full the proposed
initiative ordinance or citing the ordinance sought to be reconsidered.

2. Initiative petitions must be signed by a number of
registered voters of the county equal to 15 percent or more of the number of
voters who voted at the last preceding general election in the county.

3. Referendum petitions must be signed by a number of
registered voters of the county equal to 10 percent or more of the number of
voters who voted at the last preceding general election in the county.

4. Upon
receipt of a petition for initiative or referendum placed on file pursuant to
subsection 1, the county clerk shall consult with the board to determine if the
initiative or referendum may have any anticipated financial effect on the local
government if the initiative or referendum is approved by the voters. If the
board determines that the initiative or referendum may have an anticipated
financial effect on the local government if the initiative or referendum is
approved by the voters, the board must prepare a description of the anticipated
financial effect and the county clerk shall post a copy of this information on
his Internet website, if he maintains one.

5. A
petition must be submitted to the county clerk for verification, pursuant to
NRS 295.250 to 295.290, inclusive, not later than:

(a) One hundred and eighty days after the date that
the affidavit required by subsection 1 is filed with the county clerk; or

(b) One hundred and thirty days before the election,

Ê whichever
is earlier.

[5.]6. A petition may consist of more than one
document, but all documents of a petition must be uniform in size and style,
numbered and assembled as one instrument for submission. Each signature must be
executed in ink or indelible pencil and followed by the address of the person
signing and the date on which he signed the petition. All signatures on a
petition must be obtained within the period specified in subsection [4.]5. Each document
must contain, or have attached thereto throughout its circulation, the full
text of the ordinance proposed or sought to be reconsidered.

[6.]7. Each document of a petition must have
attached to it when submitted an affidavit executed by the circulator thereof
stating:

(a) That he personally circulated the document;

(b) The number of signatures thereon;

(c) That all the signatures were affixed in his
presence;

[(d) That he believes them to be genuine signatures of the
persons whose names they purport to be;] and

[(e)](d) That each signer had an opportunity before
signing to read the full text of the ordinance proposed or sought to be reconsidered.

[7.]8. The county clerk shall issue a receipt to
any person who submits a petition pursuant to this section. The receipt must
set forth the number of:

(a) Documents included in the petition;

(b) Pages in each document; and

(c) Signatures that the person declares are included
in the petition.

Sec. 26. NRS 295.205 is hereby amended
to read as follows:

295.205 1. Any five registered voters of the city
may commence initiative or referendum proceedings by filing with the city clerk
an affidavit:

(a) Stating they will constitute the petitioners
committee and be responsible for circulating the petition and filing it in
proper form;

(b) Stating their names and addresses;

(c) Specifying the address to which all notices to the
committee are to be sent; and

(d) Setting out in full the proposed initiative
ordinance or citing the ordinance sought to be reconsidered.

2. Initiative petitions must be signed by a number of
registered voters of the city equal to 15 percent or more of the number of voters
who voted at the last preceding city election.

3. Referendum petitions must be signed by a number of
registered voters of the city equal to 10 percent or more of the number of
voters who voted at the last preceding city election.

4. Upon
receipt of a petition for initiative or referendum placed on file pursuant to
subsection 1, the city clerk shall consult with the council to determine if the
initiative or referendum may have any anticipated financial effect on the local
government if the initiative or referendum is approved by the voters. If the
council determines that the initiative or referendum may have an anticipated
financial effect on the local government if the initiative or referendum is
approved by the voters, the council must prepare a description of the
anticipated financial effect and the city clerk shall post a copy of this
information on his Internet website, if he maintains one.

5. A
petition must be submitted to the city clerk for verification, pursuant to NRS
295.250 to 295.290, inclusive, not later than:

(a) One hundred and eighty days after the date that
the affidavit required by subsection 1 is filed with the city clerk; or

(b) One hundred and thirty days before the election,

Ê whichever
is earlier.

[5.]6. A petition may consist of more than one
document, but all documents of a petition must be uniform in size and style,
numbered and assembled as one instrument for submission. Each signature must be
executed in ink or indelible pencil and followed by the address of the person
signing and the date on which he signed the petition. All signatures on a
petition must be obtained within the period specified in subsection [4.]5. Each document
must contain, or have attached thereto throughout its circulation, the full
text of the ordinance proposed or sought to be reconsidered.

[6.]7. Each document of a petition must have
attached to it when submitted an affidavit executed by the circulator thereof
stating:

(a) That he personally circulated the document;

(b) The number of signatures thereon;

(c) That all the signatures were affixed in his
presence;

[(d) That he believes them to be genuine signatures of the
persons whose names they purport to be;] and

[(e)](d) That each signer had an opportunity before
signing to read the full text of the ordinance proposed or sought to be
reconsidered.

[7.]8. The city clerk shall issue a receipt to any
person who submits a petition pursuant to this section. The receipt must set
forth the number of:

(a) Documents included in the petition;

(b) Pages in each document; and

(c) Signatures that the person declares are included
in the petition.

Sec. 27. NRS 295.217 is hereby amended
to read as follows:

295.217 1. In a city whose population is 10,000 or
more, for each initiative, referendum or other question to be placed on the
ballot by the:

(a) Council, including, without limitation, pursuant
to NRS 293.482 or 295.215; or

(b) Governing body of a public library or water
district authorized by law to submit questions to some or all of the qualified
electors or registered voters of the city,

Ê the council
shall, in consultation pursuant to subsection 5 with the city clerk or other
city officer authorized to perform the duties of the city clerk, appoint two committees.

appoint two committees. Except as otherwise provided in
subsection 2, one committee must be composed of three persons who favor
approval by the voters of the initiative, referendum or other question and the
other committee must be composed of three persons who oppose approval by the
voters of the initiative, referendum or other question.

2. If, after consulting with the city clerk pursuant
to subsection 5, the council is unable to appoint three persons willing to
serve on a committee, the council may appoint fewer than three persons to that
committee, but the council must appoint at least one person to each committee
appointed pursuant to this section.

3. With respect to a committee appointed pursuant to
this section:

(a) A person may not serve simultaneously on the
committee that favors approval by the voters of an initiative, referendum or
other question and the committee that opposes approval by the voters of that
initiative, referendum or other question.

(b) Members of the committee serve without
compensation.

(c) The term of office for each member commences upon
appointment and expires upon the publication of the sample ballot containing
the initiative, referendum or other question.

4. The city clerk may establish and maintain a list
of the persons who have expressed an interest in serving on a committee
appointed pursuant to this section. The city clerk, after exercising due
diligence to locate persons who favor approval by the voters of an initiative,
referendum or other question to be placed on the ballot or who oppose approval
by the voters of an initiative, referendum or other question to be placed on
the ballot, may use the names on a list established pursuant to this subsection
to:

(a) Make recommendations pursuant to subsection 5; and

(b) Appoint members to a committee pursuant to
subsection 6.

5. Before the council appoints a committee pursuant
to this section, the city clerk shall:

(a) Recommend to the council persons to be appointed
to the committee; and

(b) Consider recommending pursuant to paragraph (a):

(1) Any person who has expressed an interest in
serving on the committee; and

(2) A person who is a member of an organization
that has expressed an interest in having a member of the organization serve on
the committee.

6. If the council of a city whose population is
10,000 or more fails to appoint a committee as required pursuant to this
section, the city clerk shall, in consultation with the city attorney, prepare
an argument advocating approval by the voters of the initiative, referendum or
other question and an argument opposing approval by the voters of the
initiative, referendum or other question. Each argument prepared by the city
clerk must satisfy the requirements of paragraph (f) of subsection 7 and any
rules or regulations adopted by the city clerk pursuant to subsection 8. The
city clerk shall not prepare the rebuttal of the arguments required pursuant to
paragraph (e) of subsection 7.

7. A committee appointed pursuant to this section:

(a) Shall elect a chairman for the committee;

(b) Shall meet and conduct its affairs as necessary to
fulfill the requirements of this section;

(d) Shall prepare an argument either advocating or
opposing approval by the voters of the initiative, referendum or other
question, based on whether the members were appointed to advocate or oppose
approval by the voters of the initiative, referendum or other question;

(e) Shall prepare a rebuttal to the argument prepared
by the other committee appointed pursuant to this section;

(f) Shall address in the argument and rebuttal
prepared pursuant to paragraphs (d) and (e):

(1) The anticipated fiscal [impact]effect of the
initiative, referendum or other question;

(2) The environmental impact of the initiative,
referendum or other question; and

(3) The impact of the initiative, referendum or
other question on the public health, safety and welfare; and

(g) Shall submit the argument and rebuttal prepared
pursuant to paragraphs (d), (e) and (f) to the city clerk not later than the
date prescribed by the city clerk pursuant to subsection 8.

8. The city clerk of a city whose population is
10,000 or more shall provide, by rule or regulation:

(a) The maximum permissible length of an argument or
rebuttal prepared pursuant to this section; and

(b) The date by which an argument or rebuttal prepared
pursuant to this section must be submitted by the committee to the city clerk.

9. Upon receipt of an argument or rebuttal prepared
pursuant to this section, the city clerk:

(a) May consult with persons who are generally
recognized by a national or statewide organization as having expertise in the
field or area to which the initiative, referendum or other question pertains;
and

(b) Shall reject each statement in the argument or
rebuttal that he believes is libelous or factually inaccurate.

Ê Not later
than 5 days after the city clerk rejects a statement pursuant to this
subsection, the committee may appeal that rejection to the city attorney or
other city officer appointed to hear the appeal by the city council. The city
attorney or other city officer appointed to hear the appeal shall review the
statement and the reasons for its rejection and may receive evidence,
documentary or testimonial, to aid him in his decision. Not later than 3
business days after the appeal by the committee, the city attorney or other
city officer appointed to hear the appeal shall issue his decision rejecting or
accepting the statement. The decision of the city attorney or other city
officer appointed to hear the appeal is a final decision for the purposes of
judicial review. If the decision of the city attorney or other city officer
appointed to hear the appeal is challenged by filing a complaint in district
court, the court shall set the matter for hearing not later than 3 days after
the complaint is filed and shall give priority to such a complaint over all
other matters pending with the court, except for criminal proceedings.

10. The city clerk shall place in the sample ballot
provided to the registered voters of the city each argument and rebuttal
prepared pursuant to this section, containing all statements that were not
rejected pursuant to subsection 9. The city clerk may revise the language
submitted by the committee so that it is clear, concise and suitable for
incorporation in the sample ballot, but shall not alter the meaning or effect
without the consent of the committee.

(b) If the council appoints committees pursuant to
this section, the city clerk shall provide for rules or regulations pursuant to
subsection 8.

12. If a question is to be placed on the ballot by an
entity described in paragraph (b) of subsection 1, the entity must provide a
copy and explanation of the question to the city clerk at least 30 days earlier
than the date required for the submission of such documents pursuant to
subsection 1 of NRS 293.481. This subsection does not apply to a question if
the date that the question must be submitted to the city clerk is governed by
subsection 2 of NRS 293.481.

Sec. 28. This act becomes effective on July 1,
2007.

________

CHAPTER 477, AB 591

Assembly Bill No.
591Committee on Education

CHAPTER 477

AN ACT
relating to education; revising provisions governing the sponsorship of charter
schools; prescribing the circumstances under which certain charter schools are
exempt from annual performance audits and are authorized to receive certain
money for facilities; revising provisions regarding the membership of a
governing body of a charter school; and providing other matters properly
relating thereto.

[Approved: June 13,
2007]

Legislative Counsels Digest:

Under existing law, the board of trustees of a
school district and the State Board of Education may sponsor charter schools.
(NRS 386.515) Section 17 of this bill authorizes a college or university
within the Nevada System of Higher Education to sponsor charter schools. Sections
1-14, 17-20, 25, 26 and 28 of this bill revise provisions to reflect
sponsorship by a college or university.

Section 15 of this bill sets forth the
requirements for a charter school that has been in operation for at least 5
years to be exempt from an annual performance audit and undergo a performance
audit every 3 years and to be eligible for available money from legislative
appropriation or otherwise for facilities.

Existing law requires the Department of Education
and the sponsor of a charter school to provide certain assistance and
information to charter schools. (NRS 386.545) Section 22 of this bill
expands the services that a school district must provide if the school district
sponsors a charter school.

Existing law prescribes the membership of the
governing body of a charter school, which must consist of at least three
teachers licensed to teach in this State. (NRS 386.549) Existing regulation of
the Department of Education prohibits more than one member on the governing
body representing the same nonprofit organization or business. (NAC 386.345) Section
23 of this bill authorizes a governing body to consist of at least two
licensed teachers and one person who previously held a license to teach and
prohibits more than two persons who serve on the governing body from
representing the same organization or business or otherwise representing the
interests of the same organization or business.

385.347 1. The board of trustees of each school
district in this State, in cooperation with associations recognized by the
State Board as representing licensed educational personnel in [education in]
the district, shall adopt a program providing for the accountability of the
school district to the residents of the district and to the State Board for the
quality of the schools and the educational achievement of the pupils in the
district, including, without limitation, pupils enrolled in charter schools in
the school district. The board of trustees of each school district shall[:

(a) Report]report the
information required by subsection 2 for each charter school that is located
within the school district, regardless of the sponsor of the charter school.

[(b) For the information that is reported in an aggregated
format, include the data that is applicable to]The information for charter schools must
be reported separately and must denote the charter schools
sponsored by the school district [but not the charter schools that are
sponsored by the State Board.

(c) Denote
separately in the report those charter schools that are located within the
school district and], the charter schools sponsored by the State
Board[.]and the charter schools sponsored
by a college or university within the Nevada System of Higher Education.

2. The board of trustees of each school district
shall, on or before August 15 of each year, prepare an annual report of
accountability concerning:

(a) The educational goals and objectives of the school
district.

(b) Pupil achievement for each school in the district
and the district as a whole, including, without limitation, each charter school
in the district. The board of trustees of the district shall base its report on
the results of the examinations administered pursuant to NRS 389.015 and
389.550 and shall compare the results of those examinations for the current
school year with those of previous school years. The report must include, for
each school in the district, including, without limitation, each charter school
in the district, and each grade in which the examinations were administered:

(1) The number of pupils who took the
examinations;

(2) A record of attendance for the period in
which the examinations were administered, including an explanation of any difference
in the number of pupils who took the examinations and the number of pupils who
are enrolled in the school;

(3) Except as otherwise provided in this
paragraph, pupil achievement, reported separately by gender and reported
separately for the following subgroups of pupils:

(I) Pupils who are economically
disadvantaged, as defined by the State Board;

(II) Pupils from major racial and ethnic
groups, as defined by the State Board;

(4) A comparison of the achievement of pupils
in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361
with the annual measurable objectives of the State Board;

(5) The percentage of pupils who were not
tested;

(6) Except as otherwise provided in this
paragraph, the percentage of pupils who were not tested, reported separately by
gender and reported separately for the subgroups identified in subparagraph
(3);

(7) The most recent 3-year trend in pupil
achievement in each subject area tested and each grade level tested pursuant to
NRS 389.015 and 389.550, which may include information regarding the trend in
the achievement of pupils for more than 3 years, if such information is
available;

(8) Information that compares the results of
pupils in the school district, including, without limitation, pupils enrolled
in charter schools in the district, with the results of pupils throughout this
State. The information required by this subparagraph must be provided in
consultation with the Department to ensure the accuracy of the comparison; and

(9) For each school in the district, including,
without limitation, each charter school in the district, information that
compares the results of pupils in the school with the results of pupils
throughout the school district and throughout this State. The information
required by this subparagraph must be provided in consultation with the
Department to ensure the accuracy of the comparison.

Ê A separate
reporting for a subgroup of pupils must not be made pursuant to this paragraph
if the number of pupils in that subgroup is insufficient to yield statistically
reliable information or the results would reveal personally identifiable
information about an individual pupil. The State Board shall prescribe the
mechanism for determining the minimum number of pupils that must be in a
subgroup for that subgroup to yield statistically reliable information.

(c) The ratio of pupils to teachers in kindergarten
and at each grade level for each elementary school in the district and the district
as a whole, including, without limitation, each charter school in the district,
and the average class size for each core academic subject, as set forth in NRS
389.018, for each secondary school in the district and the district as a whole,
including, without limitation, each charter school in the district.

(d) Information on the professional qualifications of
teachers employed by each school in the district and the district as a whole,
including, without limitation, each charter school in the district. The
information must include, without limitation:

(1) The percentage of teachers who are:

(I) Providing instruction pursuant to NRS
391.125;

(II) Providing instruction pursuant to a
waiver of the requirements for licensure for the grade level or subject area in
which the teachers are employed; or

(III) Otherwise providing instruction
without an endorsement for the subject area in which the teachers are employed;

(2) The percentage of classes in the core
academic subjects, as set forth in NRS 389.018, that are not taught by highly
qualified teachers;

(3) The percentage of classes in the core
academic subjects, as set forth in NRS 389.018, that are not taught by highly
qualified teachers, in the aggregate and disaggregated by high-poverty compared
to low-poverty schools, which for the purposes of this
subparagraph means schools in the top quartile of poverty and the bottom
quartile of poverty in this State;

schools, which for the purposes of this subparagraph means
schools in the top quartile of poverty and the bottom quartile of poverty in
this State;

(4) For each middle school, junior high school
and high school:

(I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more
in the same classroom or assignment, designated as long-term substitute
teachers, including the total number of days long-term substitute teachers were
employed at each school, identified by grade level and subject area; and

(II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive
days, designated as short-term substitute teachers, including the total number
of days short-term substitute teachers were employed at each school, identified
by grade level and subject area; and

(5) For each elementary school:

(I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more
in the same classroom or assignment, designated as long-term substitute
teachers, including the total number of days long-term substitute teachers were
employed at each school, identified by grade level; and

(II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive
days, designated as short-term substitute teachers, including the total number
of days short-term substitute teachers were employed at each school, identified
by grade level.

(e) The total expenditure per pupil for each school in
the district and the district as a whole, including, without limitation, each
charter school in the district. If this State has a financial analysis program
that is designed to track educational expenditures and revenues to individual
schools, each school district shall use that statewide program in complying
with this paragraph. If a statewide program is not available, each school
district shall use its own financial analysis program in complying with this
paragraph.

(f) The curriculum used by the school district,
including:

(1) Any special programs for pupils at an
individual school; and

(2) The curriculum used by each charter school
in the district.

(g) Records of the attendance and truancy of pupils in
all grades, including, without limitation:

(1) The average daily attendance of pupils, for
each school in the district and the district as a whole, including, without
limitation, each charter school in the district.

(2) For each elementary school, middle school
and junior high school in the district, including, without limitation, each
charter school in the district that provides instruction to pupils enrolled in
a grade level other than high school, information that compares the attendance
of the pupils enrolled in the school with the attendance of pupils throughout
the district and throughout this State. The information required by this
subparagraph must be provided in consultation with the Department to ensure the
accuracy of the comparison.

(h) The annual rate of pupils who drop out of school
in grades 9 to 12, inclusive, for each such grade, for each school in the
district and for the district as a whole, excluding pupils who:

(1) Provide proof to the school district of
successful completion of the examinations of general educational development.

(2) Are enrolled in courses that are approved
by the Department as meeting the requirements for an adult standard diploma.

(3) Withdraw from school to attend another
school.

(i) Records of attendance of teachers who provide
instruction, for each school in the district and the district as a whole,
including, without limitation, each charter school in the district.

(j) Efforts made by the school district and by each
school in the district, including, without limitation, each charter school in
the district, to increase:

(1) Communication with the parents of pupils in
the district; and

(2) The participation of parents in the
educational process and activities relating to the school district and each
school, including, without limitation, the existence of parent organizations
and school advisory committees.

(k) Records of incidents involving weapons or violence
for each school in the district, including, without limitation, each charter
school in the district.

(l) Records of incidents involving the use or possession
of alcoholic beverages or controlled substances for each school in the
district, including, without limitation, each charter school in the district.

(m) Records of the suspension and expulsion of pupils
required or authorized pursuant to NRS 392.466 and 392.467.

(n) The number of pupils who are deemed habitual
disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation,
each charter school in the district.

(o) The number of pupils in each grade who are
retained in the same grade pursuant to NRS 392.033 or 392.125, for each school
in the district and the district as a whole, including, without limitation,
each charter school in the district.

(p) The transiency rate of pupils for each school in
the district and the district as a whole, including, without limitation, each
charter school in the district. For the purposes of this paragraph, a pupil is
not transient if he is transferred to a different school within the school
district as a result of a change in the zone of attendance by the board of
trustees of the school district pursuant to NRS 388.040.

(q) Each source of funding for the school district.

(r) A compilation of the programs of remedial study
that are purchased in whole or in part with money received from this State, for
each school in the district and the district as a whole, including, without
limitation, each charter school sponsored by the district. The compilation must
include:

(1) The amount and sources of money received
for programs of remedial study for each school in the district and the district
as a whole, including, without limitation, each charter school in the district.

(2) An identification of each program of
remedial study, listed by subject area.

(s) For each high school in the district, including,
without limitation, each charter school in the district, the percentage of
pupils who graduated from that high school or charter school in the immediately
preceding year and enrolled in remedial courses in reading, writing or
mathematics at a university, state college or community college within the
Nevada System of Higher Education.

(t) The technological facilities and equipment
available at each school, including, without limitation, each charter school,
and the districts plan to incorporate educational technology at each school.

(u) For each school in the district and the district
as a whole, including, without limitation, each charter school in the district,
the number and percentage of pupils who received:

(1) A standard high school diploma.

(2) An adjusted diploma.

(3) A certificate of attendance.

(v) For each school in the district and the district
as a whole, including, without limitation, each charter school in the district,
the number and percentage of pupils who did not receive a high school diploma
because the pupils failed to pass the high school proficiency examination.

(w) The number of habitual truants who are reported to
a school police officer or law enforcement agency pursuant to paragraph (a) of
subsection 2 of NRS 392.144 and the number of habitual truants who are referred
to an advisory board to review school attendance pursuant to paragraph (b) of
subsection 2 of NRS 392.144, for each school in the district and for the
district as a whole.

(x) The amount and sources of money received for the
training and professional development of teachers and other educational
personnel for each school in the district and for the district as a whole,
including, without limitation, each charter school in the district.

(y) Whether the school district has made adequate
yearly progress. If the school district has been designated as demonstrating
need for improvement pursuant to NRS 385.377, the report must include a
statement indicating the number of consecutive years the school district has
carried that designation.

(z) Information on whether each public school in the
district, including, without limitation, each charter school in the district,
has made adequate yearly progress, including, without limitation:

(1) The number and percentage of schools in the
district, if any, that have been designated as needing improvement pursuant to
NRS 385.3623; and

(2) The name of each school, if any, in the
district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

(aa) Information on the paraprofessionals employed by
each public school in the district, including, without limitation, each charter
school in the district. The information must include:

(1) The number of paraprofessionals employed at
the school; and

(2) The number and percentage of all
paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C.
§ 6319(c). The reporting requirements of this subparagraph apply to
paraprofessionals who are employed in positions supported with Title I money
and to paraprofessionals who are not employed in positions supported with Title
I money.

(bb) For each high school in the district, including,
without limitation, each charter school that operates as a high school,
information that provides a comparison of the rate of graduation of pupils
enrolled in the high school with the rate of graduation of pupils throughout
the district and throughout this State. The information required by this
paragraph must be provided in consultation with the Department to ensure the
accuracy of the comparison.

(cc) An identification of the appropriations made by
the Legislature that are available to the school district or the schools within
the district and programs approved by the Legislature to improve the academic
achievement of pupils.

(dd) Such other information as is directed by the
Superintendent of Public Instruction.

3. The records of attendance maintained by a school
for purposes of paragraph (i) of subsection 2 must include the number of
teachers who are in attendance at school and the number of teachers who are
absent from school. A teacher shall be deemed in attendance if the teacher is
excused from being present in the classroom by the school in which he is
employed for one of the following reasons:

(a) Acquisition of knowledge or skills relating to the
professional development of the teacher; or

(b) Assignment of the teacher to perform duties for
cocurricular or extracurricular activities of pupils.

(b) Be presented in an understandable and uniform
format and, to the extent practicable, provided in a language that parents can
understand.

5. The Superintendent of Public Instruction shall:

(a) Prescribe forms for the reports required pursuant
to subsection 2 and provide the forms to the respective school districts.

(b) Provide statistical information and technical
assistance to the school districts to ensure that the reports provide
comparable information with respect to each school in each district and among
the districts throughout this State.

(c) Consult with a representative of the:

(1) Nevada State Education Association;

(2) Nevada Association of School Boards;

(3) Nevada Association of School
Administrators;

(4) Nevada Parent Teacher Association;

(5) Budget Division of the Department of
Administration; and

(6) Legislative Counsel Bureau,

Ê concerning
the program and consider any advice or recommendations submitted by the
representatives with respect to the program.

6. The Superintendent of Public Instruction may
consult with representatives of parent groups other than the Nevada Parent
Teacher Association concerning the program and consider any advice or
recommendations submitted by the representatives with respect to the program.

7. On or before August 15 of each year, the board of
trustees of each school district shall submit to each advisory board to review
school attendance created in the county pursuant to NRS 392.126 the information
required in paragraph (g) of subsection 2.

8. On or before August 15 of each year, the board of
trustees of each school district shall:

(a) Provide written notice that the report required
pursuant to subsection 2 is available on the Internet website maintained by the
school district, if any, or otherwise provide written notice of the
availability of the report. The written notice must be provided to the:

(1) Governor;

(2) State Board;

(3) Department;

(4) Committee; and

(5) Bureau.

(b) Provide for public dissemination of the annual
report of accountability prepared pursuant to subsection 2 in the manner set
forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the
Internet website maintained by the school district, if any. If a school
district does not maintain a website, the district shall otherwise provide for
public dissemination of the annual report by providing a copy of the report to
the schools in the school district, including, without limitation, each charter
school in the district, the residents of the district, and the parents and
guardians of pupils enrolled in schools in the district, including, without limitation,
each charter school in the district.

9. Upon the request of the Governor, an entity
described in paragraph (a) of subsection 8 or a member of the general public,
the board of trustees of a school district shall provide a portion or portions
of the report required pursuant to subsection 2.

10. As used in this section:

(a) Highly qualified has the meaning ascribed to it
in 20 U.S.C. § 7801(23).

(b) Paraprofessional has the meaning ascribed to it
in NRS 391.008.

Sec. 2. NRS 385.349 is hereby amended
to read as follows:

385.349 1. The board of trustees of each school
district shall prepare a summary of the annual report of accountability
prepared pursuant to NRS 385.347 on the form prescribed by the Department
pursuant to subsection 3 or an expanded form, as applicable. The summary must
include, without limitation:

(a) The information set forth in subsection 1 of NRS 385.34692, reported for the school district as a whole and for each school within the
school district;

(b) Information on the involvement of parents and
legal guardians in the education of their children; and

(c) Other information required by the Superintendent
of Public Instruction in consultation with the Bureau.

(b) Be presented in an understandable and uniform
format and, to the extent practicable, provided in a language that parents will
likely understand.

3. The Department shall, in consultation with the
Bureau and the school districts, prescribe a form that contains the basic
information required by subsection 1. The board of trustees of a school
district may use an expanded form that contains additions to the form prescribed
by the Department if the basic information contained in the expanded form
complies with the form prescribed by the Department.

4. On or before September 7 of each year, the board
of trustees of each school district shall:

(a) Submit the summary in an electronic format to the:

(1) Governor;

(2) State Board;

(3) Department;

(4) Committee;

(5) Bureau; and

(6) Schools within the school district.

(b) Provide for the public dissemination of the
summary by posting a copy of the summary on the Internet website maintained by
the school district, if any. If a school district does not maintain a website,
the district shall otherwise provide for public dissemination of the summary.
The board of trustees of each school district shall ensure that the parents and
guardians of pupils enrolled in the school district have sufficient information
concerning the availability of the summary, including, without limitation,
information that describes how to access the summary on the Internet website
maintained by the school district, if any. Upon the request of a parent or
legal guardian, the school district shall provide the parent or legal guardian
with a written copy of the summary.

5. The board of trustees of each school district
shall[:

(a) Report]report the
information required by this section for each charter school that is located
within the school district, regardless of the sponsor of the charter school.

[(b) For the information that is reported in an aggregated
format, include the data that is applicable to]The information for charter schools must
be reported separately and must denote the charter schools sponsored
by the school district [but not the charter schools that are sponsored by the State
Board.

(c) Denote
separately in the report those charter schools that are located within the
school district and], the charter schools sponsored by the State
Board[.] and the charter schools sponsored by a
college or university within the Nevada System of Higher Education.

Sec. 3. NRS 385.3613 is hereby amended to read as follows:

385.3613 1. Except as otherwise provided in
subsection 2, on or before June 15 of each year, the Department shall determine
whether each public school is making adequate yearly progress, as defined by
the State Board pursuant to NRS 385.361.

2. On or before June 30 of each year, the Department
shall determine whether each public school that operates on a schedule other
than a traditional 9-month schedule is making adequate yearly progress, as
defined by the State Board pursuant to NRS 385.361.

3. The determination pursuant to subsection 1 or 2,
as applicable, for a public school, including, without limitation, a charter
school sponsored by the board of trustees of the school district, must be made
in consultation with the board of trustees of the school district in which the
public school is located. If a charter school is sponsored by the State Board[,]or a college or university within the Nevada System of Higher Education, the Department shall make a determination
for the charter school in consultation with the State Board[.]or the institution that sponsors the
charter school, as applicable. The determination made for each
school must be based only upon the information and data for those pupils who
are enrolled in the school for a full academic year.

for a full academic year. On or before June 15 or June 30 of
each year, as applicable, the Department shall transmit:

(a) Except as otherwise provided in paragraph (b) [,]or (c), the determination
made for each public school to the board of trustees of the school district in
which the public school is located.

(b) To the State Board the determination made for each
charter school that is sponsored by the State Board.

(c) The
determination made for the charter school to the institution that sponsors the
charter school if a charter school is sponsored by a college or university
within the Nevada System of Higher Education.

4. Except as otherwise provided in this subsection,
the Department shall determine that a public school has failed to make adequate
yearly progress if any subgroup identified in paragraph (b) of subsection 1 of
NRS 385.361 does not satisfy the annual measurable objectives established by
the State Board pursuant to that section. To comply with 20 U.S.C. §
6311(b)(2)(I) and the regulations adopted pursuant thereto, the State Board
shall prescribe by regulation the conditions under which a school shall be
deemed to have made adequate yearly progress even though a subgroup identified
in paragraph (b) of subsection 1 of NRS 385.361 did not satisfy the annual
measurable objectives of the State Board.

5. In addition to the provisions of subsection 4, the
Department shall determine that a public school has failed to make adequate yearly
progress if:

(a) The number of pupils enrolled in the school who
took the examinations administered pursuant to NRS 389.550 or the high school
proficiency examination, as applicable, is less than 95 percent of all pupils
enrolled in the school who were required to take the examinations; or

(b) Except as otherwise provided in subsection 6, for
each subgroup of pupils identified in paragraph (b) of subsection 1 of NRS
385.361, the number of pupils in the subgroup enrolled in the school who took
the examinations administered pursuant to NRS 389.550 or the high school
proficiency examination, as applicable, is less than 95 percent of all pupils
in that subgroup enrolled in the school who were required to take the
examinations.

6. If the number of pupils in a particular subgroup
who are enrolled in a public school is insufficient to yield statistically
reliable information:

(a) The Department shall not determine that the school
has failed to make adequate yearly progress pursuant to paragraph (b) of subsection
5 based solely upon that particular subgroup.

(b) The pupils in such a subgroup must be included in
the overall count of pupils enrolled in the school who took the examinations.

Ê The State
Board shall prescribe the mechanism for determining the number of pupils that
must be in a subgroup for that subgroup to yield statistically reliable
information.

7. If an irregularity in testing administration or an
irregularity in testing security occurs at a school and the irregularity
invalidates the test scores of pupils, those test scores must be included in
the scores of pupils reported for the school, the attendance of those pupils
must be counted towards the total number of pupils who took the examinations
and the pupils must be included in the total number of pupils who were required
to take the examinations.

8. As used in this section:

(a) Irregularity in testing administration has the
meaning ascribed to it in NRS 389.604.

(b) Irregularity in testing security has the meaning
ascribed to it in NRS 389.608.

Sec. 4. NRS 385.362 is hereby amended
to read as follows:

385.362 1. If a public school fails to make adequate
yearly progress for 1 year:

(a) Except as otherwise provided in paragraph (b), the
board of trustees of the school district in which the school is located shall
ensure that the school receives technical assistance in the manner set forth in
20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto. For a
charter school sponsored by the school district, the board of trustees shall
provide the technical assistance to the charter school in conjunction with the
governing body of the charter school.

(b) For a charter school sponsored by the State Board[,]or a college or university within the
Nevada System of Higher Education, the Department shall ensure,
in conjunction with the governing body of the charter school, that the school
receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4)
and the regulations adopted pursuant thereto.

2. If a public school fails to make adequate yearly
progress for 1 year, the principal of the school shall ensure that the plan to
improve the achievement of pupils enrolled in the school is reviewed, revised
and approved in accordance with NRS 385.357.

Sec. 5. NRS 385.366 is hereby amended
to read as follows:

385.366 1. Based upon the information received from
the Department pursuant to NRS 385.3613, the board of trustees of each school district shall, on or before July 1 of each year, issue a preliminary
designation for each public school in the school district in accordance with
the criteria set forth in NRS 385.3623, excluding charter schools sponsored by the State Board[.]or a college or university within
the Nevada System of Higher Education. The board of trustees
shall make preliminary designations for all charter schools that are sponsored
by the board of trustees. The Department shall make preliminary designations
for all charter schools that are sponsored by the State Board[.]and all charter schools sponsored by a
college or university within the Nevada System of Higher Education. The
initial designation of a school as demonstrating need for improvement must be
based upon 2 consecutive years of data and information for that school.

2. Before making a final designation for a school,
the board of trustees of the school district or the Department, as applicable,
shall provide the school an opportunity to review the data upon which the
preliminary designation is based and to present evidence in the manner set
forth in 20 U.S.C. § 6316(b)(2) and the regulations adopted pursuant thereto.
If the school is a public school of the school district or a charter school
sponsored by the board of trustees, the board of trustees of the school
district shall, in consultation with the Department, make a final determination
concerning the designation for the school on August 1. If the school is a
charter school sponsored by the State Board[,]or a college or university within the Nevada System of Higher Education, the Department shall make a final
determination concerning the designation for the school on August 1.

3. On or before August 1 of each year, the Department
shall provide written notice of the determinations made pursuant to NRS 385.3613 and the final designations made pursuant to this section as follows:

(a) The determinations and final designations made for
all schools in this State to the:

(b) The determinations and final designations made for
all schools within a school district to the:

(1) Superintendent of schools of the school
district; and

(2) Board of trustees of the school district.

(c) The determination and final designation made for
each school to the principal of the school.

Sec. 6. NRS 385.3661 is hereby amended to read as follows:

385.3661 1. If a public school is designated as
demonstrating need for improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721 or 385.3745 do not apply, the technical assistance partnership established for the school pursuant to this section shall carry out
the requirements of NRS 385.3692.

2. Except as otherwise provided in subsection 3, if a
public school is designated as demonstrating need for improvement pursuant to
NRS 385.3623 and the provisions of NRS 385.3693, 385.3721 or 385.3745 do not apply, the board of trustees of the school district shall:

(a) Provide notice of the designation to the parents
and guardians of pupils enrolled in the school on the form prescribed by the
Department pursuant to NRS 385.382;

(b) Ensure that the school receives technical
assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the
regulations adopted pursuant thereto; and

(c) Establish a technical assistance partnership for
the school, with the membership prescribed pursuant to NRS 385.3691.

3. If a charter school is designated as demonstrating
need for improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721 or 385.3745 do not apply:

(a) The governing body of the charter school shall:

(1) Provide notice of the designation to the
parents and guardians of pupils enrolled in the charter school on the form
prescribed by the Department pursuant to NRS 385.382; and

(2) Establish a technical assistance
partnership for the charter school, with the membership prescribed pursuant to
NRS 385.3691.

(b) For a charter school sponsored by the board of
trustees of a school district, the board of trustees shall, in conjunction with
the governing body of the charter school, ensure that the charter school
receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4)
and the regulations adopted pursuant thereto. The provisions of this paragraph
do not require the school district to pay for the technical assistance
partnership established by the governing body of the charter school.

(c) For a charter school sponsored by the State Board[,]or a college or university within the
Nevada System of Higher Education, the Department shall, in
conjunction with the governing body of the charter school, ensure that the
charter school receives technical assistance in the manner set forth in 20
U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

4. In addition to the requirements of subsection 2 or
3, as applicable, if a Title I school is designated as demonstrating need for
improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721 or 385.3745 do not apply:

(a) Except as otherwise provided in paragraph (b), the
board of trustees of the school district shall provide school choice to the
parents and guardians of pupils enrolled in the school, including, without
limitation, a charter school sponsored by the school district, in accordance
with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

(b) For a charter school sponsored by the State Board[,]or a college or university within the
Nevada System of Higher Education, the Department shall work
cooperatively with the board of trustees of the school district in which the
charter school is located to provide school choice to the parents and guardians
of pupils enrolled in the charter school in accordance with 20 U.S.C. §
6316(b)(1) and the regulations adopted pursuant thereto.

Sec. 7. NRS 385.3691 is hereby amended to read as follows:

385.3691 1. The membership of each technical assistance
partnership established by the board of trustees of a school district for a
public school pursuant to NRS 385.3661:

(a) Must consist of:

(1) At least one employee of the public school
for which the partnership is established; and

(2) At least one representative of the school
district.

(b) May consist of other persons, as determined by the
board of trustees, in accordance with the needs of the school based upon the
data and information pertaining to that school.

2. The membership of each technical assistance
partnership established by the governing body of a charter school:

(a) Must consist of:

(1) At least one employee of the charter
school;

(2) At least one member of the governing body
of the charter school;

(3) For a charter school sponsored by the board
of trustees of the school district, at least one representative of the school
district, appointed by the school district; [and]

(4) For a charter school sponsored by the State
Board, at least one representative of the Department, appointed by the
Department[.] ; and

(5)
For a charter school sponsored by a college or university within the Nevada
System of Higher Education, at least one representative of that institution,
appointed by the president of the institution.

(b) May consist of other persons, as determined by the
governing body, in accordance with the needs of the charter school based upon
the data and information pertaining to that charter school.

Sec. 8. NRS 385.3693 is hereby amended to read as follows:

385.3693 1. If a public school is designated as
demonstrating need for improvement pursuant to NRS 385.3623 for 2 consecutive years, the technical assistance partnership established for the school
pursuant to NRS 385.3661 shall carry out the requirements of NRS 385.3692.

2. Except as otherwise provided in subsection 3, if a
public school is designated as demonstrating need for improvement pursuant to
NRS 385.3623 for 2 consecutive years, the board of trustees of the school
district shall:

(a) Provide notice of the designation to the parents
and guardians of pupils enrolled in the school on the form prescribed by the
Department pursuant to NRS 385.382;

(b) Ensure that the school receives technical
assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the
regulations adopted pursuant thereto; and

(c) Continue the technical assistance partnership for
the school.

3. If a charter school is designated as demonstrating
need for improvement pursuant to NRS 385.3623 for 2 consecutive years:

(a) The governing body of the charter school shall:

(1) Provide notice of the designation to the
parents and guardians of pupils enrolled in the school on the form prescribed
by the Department pursuant to NRS 385.382; and

(2) Continue the technical assistance
partnership for the school.

(b) For a charter school sponsored by the board of
trustees of a school district, the board of trustees shall, in conjunction with
the governing body of the charter school, ensure that the charter school
receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4)
and the regulations adopted pursuant thereto. The provisions of this paragraph
do not require the school district to pay for the technical assistance
partnership established by the governing body of the charter school.

(c) For a charter school sponsored by the State Board[,]or a college or university within the
Nevada System of Higher Education, the Department shall, in
conjunction with the governing body of the charter school, ensure that the
charter school receives technical assistance in the manner set forth in 20
U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

Sec. 9. NRS 385.372 is hereby amended
to read as follows:

385.372 1. In addition to the requirements of NRS
385.3693, if a Title I school is designated as demonstrating need for
improvement pursuant to NRS 385.3623 for 2 consecutive years for failing to
make adequate yearly progress:

(a) Except as otherwise provided in paragraph (b), the
board of trustees of the school district shall:

(1) Provide school choice to the parents and
guardians of pupils enrolled in the school in accordance with 20 U.S.C. §
6316(b)(1) and the regulations adopted pursuant thereto.

(2) Except as otherwise provided in subsection
2, provide supplemental educational services in accordance with 20 U.S.C. §
6316(e) and the regulations adopted pursuant thereto from a provider approved
pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision
of federal law.

(b) If the school is a charter school:

(1) Sponsored by the board of trustees of a
school district, the board of trustees shall provide school choice to the
parents and guardians of pupils enrolled in the school in accordance with 20
U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

(2) Sponsored by the State Board[,]or a college or university within the
Nevada System of Higher Education, the Department shall work
cooperatively with the board of trustees of the school district in which the
charter school is located to provide school choice to the parents and guardians
of pupils enrolled in the charter school in accordance with 20 U.S.C. §
6316(b)(1) and the regulations adopted pursuant thereto.

(3) Except as otherwise provided in subsection
3, the governing body of the charter school shall provide supplemental
educational services in accordance with 20 U.S.C. § 6316(e) and the regulations
adopted pursuant thereto from a provider approved pursuant to NRS 385.384,
unless a waiver is granted pursuant to that provision of federal law.

2. The board of trustees of a school district shall
grant a delay from the imposition of supplemental educational services for a
school for a period not to exceed 1 year if the school qualifies for a delay
pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate
yearly progress during the period of the delay, the provisions of NRS 385.3721 apply to the school as if the delay never occurred.

3. The sponsor of a charter school shall grant a delay
from the imposition of supplemental educational services for the charter school
for a period not to exceed 1 year if the charter school qualifies for a delay
pursuant to 20 U.S.C. § 6316(b)(7)(D). If the charter school fails to make
adequate yearly progress during the period of the delay, the provisions of NRS 385.3721 apply to the charter school as if the delay never occurred.

Sec. 10. NRS 385.3721 is hereby amended to read as follows:

385.3721 1. If a public school is designated as
demonstrating need for improvement pursuant to NRS 385.3623 for 3 consecutive years, the support team established for the school pursuant to this section
shall carry out the requirements of NRS 385.3741 and 385.3742.

2. Except as otherwise provided in subsection 3, if a
public school is designated as demonstrating need for improvement pursuant to
NRS 385.3623 for 3 consecutive years:

(a) The board of trustees of the school district
shall:

(1) Provide notice of the designation to the
parents and guardians of pupils enrolled in the school on the form prescribed
by the Department pursuant to NRS 385.382; and

(2) Ensure that the school receives technical
assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the
regulations adopted pursuant thereto.

(b) The Department shall establish a support team for
the school, with the membership prescribed pursuant to NRS 385.374.

3. If a charter school is designated as demonstrating
need for improvement pursuant to NRS 385.3623 for 3 consecutive years:

(a) The governing body of the charter school shall
provide notice of the designation to the parents and guardians of pupils
enrolled in the charter school on the form prescribed by the Department
pursuant to NRS 385.382.

(b) For a charter school sponsored by the board of
trustees of a school district, the board of trustees shall, in conjunction with
the governing body of the charter school, ensure that the charter school
receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4)
and the regulations adopted pursuant thereto.

(c) For a charter school sponsored by the State Board[,]or a college or university within the
Nevada System of Higher Education, the Department shall, in
conjunction with the governing body of the charter school, ensure that the
charter school receives technical assistance in the manner set forth in 20
U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

(d) The Department shall establish a support team for
the school, with the membership prescribed pursuant to NRS 385.374.

385.3741 1. Each support team established for a
public school pursuant to NRS 385.3721 shall:

(a) Review and analyze the operation of the school,
including, without limitation, the design and operation of the instructional
program of the school.

(b) Review and analyze the data pertaining to the
school upon which the report required pursuant to subsection 2 of NRS 385.347
is based and review and analyze any data that is more recent than the data upon
which the report is based.

(c) Review the most recent plan to improve the
achievement of the schools pupils.

(d) Identify and investigate the problems and factors
at the school that contributed to the designation of the school as
demonstrating need for improvement.

(e) Assist the school in developing recommendations
for improving the performance of pupils who are enrolled in the school.

(f) Except as otherwise provided in this paragraph,
make recommendations to the board of trustees of the school district, the State
Board and the Department concerning additional assistance for the school in
carrying out the plan for improvement of the school. For a charter school
sponsored by the State Board, the support team shall make the recommendations
to the State Board and the Department. For a charter school sponsored by a college or university
within the Nevada System of Higher Education, the support team shall make the
recommendations to the sponsor, the State Board and the Department.

(g) In accordance with its findings pursuant to this
section and NRS 385.3742, submit, on or before November 1, written revisions to
the most recent plan to improve the achievement of the schools pupils for
approval pursuant to NRS 385.357. The written revisions must:

(1) Comply with NRS 385.357;

(2) If the school is a Title I school, be
developed in consultation with parents and guardians of pupils enrolled in the
school and, to the extent deemed appropriate by the entity that created the
support team, outside experts;

(3) Include the data and findings of the
support team that provide support for the revisions;

(4) Set forth goals, objectives, tasks and
measures for the school that are:

(I) Designed to improve the achievement
of the schools pupils;

(II) Specific;

(III) Measurable; and

(IV) Conducive to reliable evaluation;

(5) Set forth a timeline to carry out the
revisions;

(6) Set forth priorities for the school in
carrying out the revisions; and

(7) Set forth the names and duties of each
person who is responsible for carrying out the revisions.

(h) Except as otherwise provided in this paragraph,
work cooperatively with the board of trustees of the school district in which
the school is located, the employees of the school, and the parents and
guardians of pupils enrolled in the school to carry out and monitor the plan
for improvement of the school.

school. If a charter school is sponsored by the State Board,
the Department shall assist the school with carrying out and monitoring the
plan for improvement of the school.
If a charter school is sponsored by a college or university within the Nevada System of Higher Education, that institution shall assist the school with carrying
out and monitoring the plan for improvement of the school.

(i) Prepare a monthly progress report in the format
prescribed by the Department and:

(1) Submit the progress report to the
Department.

(2) Distribute copies of the progress report to
each employee of the school for review.

(j) In addition to the requirements of this section,
if the support team is established for a Title I school, carry out the
requirements of 20 U.S.C. § 6317(a)(5).

2. A school support team may require the school for
which the support team was established to submit plans, strategies, tasks and
measures that, in the determination of the support team, will assist the school
in improving the achievement and proficiency of pupils enrolled in the school.

3. The Department shall prescribe a concise monthly
progress report for use by each support team in accordance with paragraph (i)
of subsection 1.

Sec. 12. NRS 385.3743 is hereby amended to read as follows:

385.3743 1. In addition to the requirements of NRS 385.3721, if a Title I school is designated as demonstrating need for improvement pursuant
to NRS 385.3623 for 3 consecutive years:

(a) Except as otherwise provided in paragraph (b), the
board of trustees of the school district shall:

(1) Provide school choice to the parents and
guardians of pupils enrolled in the school in accordance with 20 U.S.C. §
6316(b)(1) and the regulations adopted pursuant thereto;

(2) Provide supplemental educational services
in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant
thereto from a provider approved pursuant to NRS 385.384, unless a waiver is
granted pursuant to that provision of federal law; and

(2) Sponsored by the State Board[,]or a college or university within the Nevada System of Higher Education, the Department shall:

(I) Work cooperatively with the board of
trustees of the school district in which the charter school is located to
provide school choice to the parents and guardians of pupils enrolled in the
school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted
pursuant thereto; and

(3) Regardless of the sponsor, the governing
body of the charter school shall provide supplemental educational services in
accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant
thereto from a provider approved pursuant to NRS 385.384, unless a waiver is
granted pursuant to that provision of federal law.

2. The board of trustees of a school district shall
grant a delay from the imposition of corrective action for a school for a
period not to exceed 1 year if the school qualifies for a delay pursuant to 20
U.S.C. 6316(b)(7)(D). If the school fails to make adequate yearly progress
during the period of the delay, the provisions of NRS 385.3745 apply as if the delay never occurred.

3. The sponsor of a charter school shall grant a
delay from the imposition of corrective action for the charter school for a
period not to exceed 1 year if the charter school qualifies for a delay
pursuant to 20 U.S.C. 6316(b)(7)(D). If the charter school fails to make
adequate yearly progress during the period of the delay, the provisions of NRS 385.3745 apply as if the delay never occurred.

Sec. 13. NRS 385.3745 is hereby amended to read as follows:

385.3745 1. If a public school is designated as
demonstrating need for improvement pursuant to NRS 385.3623 for 4 or more consecutive years, the support team established for the school pursuant to NRS 385.3721 shall carry out the requirements of NRS 385.3741, 385.3742 and 385.3744, as applicable.

2. Except as otherwise provided in subsection 3, if a
public school is designated as demonstrating need for improvement pursuant to
NRS 385.3623 for 4 or more consecutive years:

(a) The board of trustees of the school district
shall:

(1) Provide notice of the designation to the
parents and guardians of pupils enrolled in the school on the form prescribed
by the Department pursuant to NRS 385.382; and

(2) Ensure that the school receives technical
assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the
regulations adopted pursuant thereto.

(b) The Department shall continue a support team for
the school.

3. If a charter school is designated as demonstrating
need for improvement pursuant to NRS 385.3623 for 4 or more consecutive years:

(a) The governing body of the charter school shall
provide notice of the designation to the parents and guardians of pupils
enrolled in the school on the form prescribed by the Department pursuant to NRS
385.382.

(b) For a charter school sponsored by the board of
trustees of a school district, the board of trustees shall, in conjunction with
the governing body of the charter school, ensure that the charter school
receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4)
and the regulations adopted pursuant thereto.

(c) For a charter school sponsored by the State Board[,]or a college or university within the
Nevada System of Higher Education, the Department shall, in
conjunction with the governing body of the charter school, ensure that the
charter school receives technical assistance in the manner set forth in 20
U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

(d) The Department shall continue a support team for
the charter school.

385.3746 1. In addition to the requirements of NRS 385.3745, if a Title I school is designated as demonstrating need for improvement pursuant
to NRS 385.3623 for 4 or more consecutive years:

(a) Except as otherwise provided in paragraph (b), the
board of trustees of the school district shall:

(1) Provide school choice to the parents and
guardians of pupils enrolled in the school in accordance with 20 U.S.C. §
6316(b)(1) and the regulations adopted pursuant thereto;

(2) Provide supplemental educational services
in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant
thereto from a provider approved pursuant to NRS 385.384, unless a waiver is
granted pursuant to that provision of federal law; and

(3) Except as otherwise provided in subsection
2, proceed with a plan for restructuring the school if required by 20 U.S.C. §
6316(b)(8) and the regulations adopted pursuant thereto.

(b) If the school is a charter school:

(1) Sponsored by the board of trustees of a
school district, the board of trustees shall:

(I) Provide school choice to the parents
and guardians of pupils enrolled in the charter school in accordance with 20
U.S.C. § 6316(b)(1); and

(II) Except as otherwise provided in
subsection 3, proceed with a plan for restructuring the school if required by
20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

(2) Sponsored by the State Board[,]or a college or university within the Nevada System of Higher Education, the Department shall:

(I) Work cooperatively with the board of
trustees of the school district in which the charter school is located to
provide school choice to the parents and guardians of pupils enrolled in the
school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted
pursuant thereto; and

(II) Except as otherwise provided in
subsection 3, proceed with a plan for restructuring the school if required by
20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

(3) Regardless of the sponsor, the governing
body of the charter school shall provide supplemental educational services in
accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant
thereto from a provider approved pursuant to NRS 385.384, unless a waiver is
granted pursuant to that provision of federal law.

2. The board of trustees of a school district shall
grant a delay from the imposition of a plan for restructuring for a school for
a period not to exceed 1 year if the school qualifies for a delay pursuant to
20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress
during the period of the delay, the board of trustees shall proceed with a plan
for restructuring the school as if the delay never occurred.

3. The sponsor of a charter school shall grant a
delay from the imposition of a plan for restructuring for the charter school
for a period not to exceed 1 year if the charter school qualifies for a delay
pursuant to 20 U.S.C. § 6316(b)(7)(D). If the charter school fails to make
adequate yearly progress during the period of the delay, the Department shall
proceed with a plan for restructuring the charter school as if the delay never
occurred.

4. Before the board of trustees of a school district
or the Department proceeds with a plan for restructuring, the board of trustees
or the Department, as applicable, shall provide to the
administrators, teachers and other educational personnel employed at that
school, and parents and guardians of pupils enrolled in the school:

Department, as applicable, shall provide to the
administrators, teachers and other educational personnel employed at that
school, and parents and guardians of pupils enrolled in the school:

(a) Notice that the board of trustees or the
Department, as applicable, will develop a plan for restructuring the school;

(b) An opportunity to comment before the plan to
restructure is developed; and

(c) An opportunity to participate in the development
of the plan to restructure.

Sec. 15. Chapter 386 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. To
the extent money is available from legislative appropriation or otherwise, a
charter school may apply to the Department for money for facilities if:

(a) The
charter school has been operating in this State for at least 5 consecutive
years and is in good financial standing;

(b) Each
financial audit and each performance audit of the charter school required by
the Department contains no major notations, corrections or errors concerning
the charter school for at least 5 consecutive years;

(c) The
charter school has met or exceeded adequate yearly progress as determined
pursuant to NRS 385.3613 or has demonstrated
improvement in the achievement of pupils enrolled in the charter school, as
indicated by annual measurable objectives determined by the State Board, for the majority of the years of its
operation;

(d) The
charter school offers instruction on a daily basis during the school week of
the charter school on the campus of the charter school; and

(e) At
least 75 percent of the pupils enrolled in the charter school who are required
to take the high school proficiency examination have passed that examination,
if the charter school enrolls pupils at a high school grade level.

2. A
charter school that satisfies the requirements of subsection 1 shall submit to
a performance audit as required by the Department one time every 3 years. The
sponsor of the charter school and the Department shall not request a
performance audit of the charter school more frequently than every 3 years
without showing good cause for such a request.

3. A
charter school that does not satisfy the requirements of subsection 1 shall
submit a quarterly report of the financial status of the charter school if
requested by the sponsor of the charter school.

Sec. 16. NRS 386.500 is hereby amended
to read as follows:

386.500 For the purposes of NRS 386.500 to 386.610,
inclusive, and section 15 of this
act a pupil is at risk if he has an economic or academic
disadvantage such that he requires special services and assistance to enable
him to succeed in educational programs. The term includes, without limitation,
pupils who are members of economically disadvantaged families, pupils who are
limited English proficient, pupils who are at risk of dropping out of high
school and pupils who do not meet minimum standards of academic proficiency.
The term does not include a pupil with a disability.

Sec. 17. NRS 386.515 is hereby amended
to read as follows:

386.515 1. The board of trustees of a school
district may apply to the Department for authorization to sponsor charter
schools within the school district.

district. An application must be approved by the Department
before the board of trustees may sponsor a charter school. Not more than 180
days after receiving approval to sponsor charter schools, the board of trustees
shall provide public notice of its ability to sponsor charter schools and
solicit applications for charter schools.

2. The State Board shall sponsor charter schools
whose applications have been approved by the State Board pursuant to NRS
386.525. Except as otherwise provided by specific statute, if the State Board
sponsors a charter school, the State Board or the Department is responsible for
the evaluation, monitoring and oversight of the charter school.

3. A
college or university within the Nevada System of Higher Education may sponsor
charter schools.

Sec. 18. NRS 386.520 is hereby amended
to read as follows:

386.520 1. A committee to form a charter school must
consist of at least three teachers, as defined in subsection 4. In addition to
the teachers who serve, the committee may consist of:

(a) Members of the general public;

(b) Representatives of nonprofit organizations and
businesses; or

(c) Representatives of a college or university within
the Nevada System of Higher Education.

Ê A majority
of the persons described in paragraphs (a), (b) and (c) who serve on the
committee must be residents of this State at the time that the application to
form the charter school is submitted to the Department.

2. Before a committee to form a charter school may
submit an application to the board of trustees of a school district, the
Subcommittee on Charter Schools ,[or] the State Board[,] or a college or university within the
Nevada System of Higher Education, it must submit the application
to the Department. The application must include all information prescribed by
the Department by regulation and:

(a) A written description of how the charter school
will carry out the provisions of NRS 386.500 to 386.610, inclusive.

(b) A written description of the mission and goals for
the charter school. A charter school must have as its stated purpose at least
one of the following goals:

(1) Improving the opportunities for pupils to
learn;

(2) Encouraging the use of effective methods of
teaching;

(3) Providing an accurate measurement of the
educational achievement of pupils;

(4) Establishing accountability of public
schools;

(5) Providing a method for public schools to
measure achievement based upon the performance of the schools; or

(6) Creating new professional opportunities for
teachers.

(c) The projected enrollment of pupils in the charter
school.

(d) The proposed dates of enrollment for the charter
school.

(e) The proposed system of governance for the charter
school, including, without limitation, the number of persons who will govern,
the method of selecting the persons who will govern and the term of office for
each person.

(f) The method by which disputes will be resolved
between the governing body of the charter school and the sponsor of the charter
school.

(g) The proposed curriculum for the charter school
and, if applicable to the grade level of pupils who are enrolled in the charter
school, the requirements for the pupils to receive a high school diploma,
including, without limitation, whether those pupils will
satisfy the requirements of the school district in which the charter school is
located for receipt of a high school diploma.

without limitation, whether those pupils will satisfy the
requirements of the school district in which the charter school is located for
receipt of a high school diploma.

(h) The textbooks that will be used at the charter
school.

(i) The qualifications of the persons who will provide
instruction at the charter school.

(j) Except as otherwise required by NRS 386.595, the
process by which the governing body of the charter school will negotiate
employment contracts with the employees of the charter school.

(k) A financial plan for the operation of the charter
school. The plan must include, without limitation, procedures for the audit of
the programs and finances of the charter school and guidelines for determining
the financial liability if the charter school is unsuccessful.

(l) A statement of whether the charter school will
provide for the transportation of pupils to and from the charter school. If the
charter school will provide transportation, the application must include the
proposed plan for the transportation of pupils. If the charter school will not
provide transportation, the application must include a statement that the
charter school will work with the parents and guardians of pupils enrolled in
the charter school to develop a plan for transportation to ensure that pupils
have access to transportation to and from the charter school.

(m) The procedure for the evaluation of teachers of
the charter school, if different from the procedure prescribed in NRS 391.3125. If the procedure is different from the procedure prescribed in NRS 391.3125, the procedure for the evaluation of teachers of the charter school must provide
the same level of protection and otherwise comply with the standards for
evaluation set forth in NRS 391.3125.

(n) The time by which certain academic or educational
results will be achieved.

(o) The kind of school, as defined in subsections 1 to
4, inclusive, of NRS 388.020, for which the charter school intends to operate.

3. The Department shall review an application to form
a charter school to determine whether it is complete. If an application
proposes to convert an existing public school, home school or other program of
home study into a charter school, the Department shall deny the application.
The Department shall provide written notice to the applicant of its approval or
denial of the application. If the Department denies an application, the
Department shall include in the written notice the reason for the denial and
the deficiencies in the application. The applicant must be granted 30 days
after receipt of the written notice to correct any deficiencies identified in
the written notice and resubmit the application.

4. As used in subsection 1, teacher means a person
who:

(a) Holds a current license to teach issued pursuant
to chapter 391 of NRS; and

(b) Has at least 2 years of experience as an employed
teacher.

Ê The term
does not include a person who is employed as a substitute teacher.

Sec. 19. NRS 386.525 is hereby amended
to read as follows:

386.525 1. Upon approval of an application by the
Department, a committee to form a charter school may submit the application to
the board of trustees of the school district in which the proposed charter
school will be located , a college
or university within the Nevada System of Higher Education or directly to the Subcommittee on Charter Schools.

Education or
directly to the Subcommittee on Charter Schools. If the board of trustees of a
school district , a college or a
university, as applicable, receives an application to form a
charter school, the board of trustees or the institution, as applicable, shall
consider the application at a meeting that must be held not later than 45 days
after the receipt of the application, or a period mutually agreed upon by the
committee to form the charter school and the board of trustees of the school
district[,]or the institution, as applicable,
and ensure that notice of the meeting has been provided pursuant
to chapter 241 of NRS. The board of trustees, the college, the university, the Subcommittee
on Charter Schools or the State Board, as applicable, shall review an
application to determine whether the application:

(a) Complies with NRS 386.500 to 386.610, inclusive,
and the regulations applicable to charter schools; and

(b) Is complete in accordance with the regulations of
the Department.

2. The Department shall assist the board of trustees
of a school district , the college
or the university, as applicable, in the review of an
application. The board of trustees ,
the college or the university, as applicable, may approve an
application if it satisfies the requirements of paragraphs (a) and (b) of
subsection 1. The board of trustees , the college or the university, as applicable, shall
provide written notice to the applicant of its approval or denial of the
application.

3. If the board of trustees , the college or the university, as applicable, denies
an application, it shall include in the written notice the reasons for the
denial and the deficiencies in the application. The applicant must be granted
30 days after receipt of the written notice to correct any deficiencies
identified in the written notice and resubmit the application.

4. If the board of trustees , the college or the university, as applicable, denies
an application after it has been resubmitted pursuant to subsection 3, the
applicant may submit a written request for sponsorship by the State Board to
the Subcommittee on Charter Schools created pursuant to NRS 386.507 not more
than 30 days after receipt of the written notice of denial. Any request that is
submitted pursuant to this subsection must be accompanied by the application to
form the charter school.

5. If the Subcommittee on Charter Schools receives an
application pursuant to subsection 1 or 4, it shall hold a meeting to consider
the application. The meeting must be held not later than 45 days after receipt
of the application. Notice of the meeting must be posted in accordance with
chapter 241 of NRS. The Subcommittee shall review the application in accordance
with the factors set forth in paragraphs (a) and (b) of subsection 1. The
Subcommittee may approve an application if it satisfies the requirements of
paragraphs (a) and (b) of subsection 1.

6. The Subcommittee on Charter Schools shall transmit
the application and the recommendation of the Subcommittee for approval or
denial of the application to the State Board. Not more than 14 days after the
date of the meeting of the Subcommittee pursuant to subsection 5, the State
Board shall hold a meeting to consider the recommendation of the Subcommittee.
Notice of the meeting must be posted in accordance with chapter 241 of NRS. The
State Board shall review the application in accordance with the factors set
forth in paragraphs (a) and (b) of subsection 1. The State Board may approve an
application if it satisfies the requirements of paragraphs (a) and (b) of
subsection 1. Not more than 30 days after the meeting, the State Board shall
provide written notice of its determination to the applicant.

7. If the State Board denies an application, it shall
include in the written notice the reasons for the denial and the deficiencies
in the application. The applicant must be granted 30 days after receipt of the
written notice to correct any deficiencies identified in the written notice and
resubmit the application.

8. If the State Board denies an application after it
has been resubmitted pursuant to subsection 7, the applicant may, not more than
30 days after the receipt of the written notice from the State Board, appeal
the final determination to the district court of the county in which the
proposed charter school will be located.

9. On or before January 1 of each odd-numbered year,
the Superintendent of Public Instruction shall submit a written report to the
Director of the Legislative Counsel Bureau for transmission to the next regular
session of the Legislature. The report must include:

(a) A list of each application to form a charter
school that was submitted to the board of trustees of a school district ,[or]
the State Board , a college or a
university during the immediately preceding biennium;

(b) The educational focus of each charter school for which
an application was submitted;

(c) The current status of the application; and

(d) If the application was denied, the reasons for the
denial.

Sec. 20. NRS 386.527 is hereby amended
to read as follows:

386.527 1. If the State Board ,[or,]the board of trustees of
a school district or a college or
university within the Nevada System of Higher Education approves
an application to form a charter school, it shall grant a written charter to
the applicant. The State Board ,[or] the board of trustees, the college or the university,
as applicable, shall, not later than 10 days after the approval of the
application, provide written notice to the Department of the approval and the
date of the approval. If the board of trustees approves the application, the board
of trustees shall be deemed the sponsor of the charter school.

2. If the State Board approves the application:

(a) The State Board shall be deemed the sponsor of the
charter school.

(b) Neither the State of Nevada, the State Board nor
the Department is an employer of the members of the governing body of the
charter school or any of the employees of the charter school.

3. [Upon the initial renewal of a written charter and each
renewal thereafter, the]If a college or university within the Nevada System of
Higher Education approves the application:

(a) That
institution shall be deemed the sponsor of the charter school.

(b) Neither
the State of Nevada, the State Board nor the Department is an employer of the
members of the governing body of the charter school or any of the employees of
the charter school.

4. The governing
body of a charter school may request , at any time, a change in the sponsorship of the charter
school to an entity that is authorized to sponsor charter schools pursuant to
NRS 386.515. The State Board shall adopt objective criteria for the conditions
under which such a request may be granted.

[4.]5. Except as otherwise provided in subsection
[6,]7, a written charter must be for a term of 6
years unless the governing body of a charter school renews its initial charter
after 3 years of operation pursuant to subsection 2 of NRS 386.530. A written
charter must include all conditions of operation set
forth in paragraphs (a) to (o), inclusive, of subsection 2 of NRS 386.520 and
include the kind of school, as defined in subsections 1 to 4, inclusive, of NRS
388.020 for which the charter school is authorized to operate.

of operation set forth in paragraphs (a) to (o), inclusive,
of subsection 2 of NRS 386.520 and include the kind of school, as defined in
subsections 1 to 4, inclusive, of NRS 388.020 for which the charter school is
authorized to operate. If the State Board is the sponsor of the charter school,
the written charter must set forth the responsibilities of the sponsor and the
charter school with regard to the provision of services and programs to pupils
with disabilities who are enrolled in the charter school in accordance with the
Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS
388.440 to 388.520, inclusive. As a condition of the issuance of a written
charter pursuant to this subsection, the charter school must agree to comply
with all conditions of operation set forth in NRS 386.550.

[5.]6. The governing body of a charter school may
submit to the sponsor of the charter school a written request for an amendment
of the written charter of the charter school. Such an amendment may include,
without limitation, the expansion of instruction and other educational services
to pupils who are enrolled in grade levels other than the grade levels of
pupils currently enrolled in the charter school if the expansion of grade
levels does not change the kind of school, as defined in NRS 388.020, for which
the charter school is authorized to operate. If the proposed amendment complies
with the provisions of this section, NRS 386.500 to 386.610, inclusive, and any
other statute or regulation applicable to charter schools, the sponsor may
amend the written charter in accordance with the proposed amendment. If a
charter school wishes to expand the instruction and other educational services
offered by the charter school to pupils who are enrolled in grade levels other
than the grade levels of pupils currently enrolled in the charter school and
the expansion of grade levels changes the kind of school, as defined in NRS
388.020, for which the charter school is authorized to operate, the governing
body of the charter school must submit a new application to form a charter
school. If such an application is approved, the charter school may continue to
operate under the same governing body and an additional governing body does not
need to be selected to operate the charter school with the expanded grade
levels.

[6.]7. The State Board shall adopt objective
criteria for the issuance of a written charter to an applicant who is not
prepared to commence operation on the date of issuance of the written charter.
The criteria must include, without limitation, the:

(a) Period for which such a written charter is valid;
and

(b) Timelines by which the applicant must satisfy
certain requirements demonstrating its progress in preparing to commence
operation.

Ê A holder of
such a written charter may apply for grants of money to prepare the charter
school for operation. A written charter issued pursuant to this subsection must
not be designated as a conditional charter or a provisional charter or otherwise
contain any other designation that would indicate the charter is issued for a
temporary period.

[7.]8. The holder of a written charter that is
issued pursuant to subsection [6]7 shall not commence operation of the charter
school and is not eligible to receive apportionments pursuant to NRS 387.124
until the sponsor has determined that the requirements adopted by the State
Board pursuant to subsection [6]7 have been satisfied and that the facility
the charter school will occupy has been inspected and meets the requirements of
any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation.

pertaining to safety, health and sanitation. Except as
otherwise provided in this subsection, the sponsor shall make such a
determination 30 days before the first day of school for the:

(a) Schools of the school district in which the
charter school is located that operate on a traditional school schedule and not
a year-round school schedule; or

(b) Charter school,

Ê whichever
date the sponsor selects. The sponsor shall not require a charter school to
demonstrate compliance with the requirements of this subsection more than 30
days before the date selected. However, it may authorize a charter school to
demonstrate compliance less than 30 days before the date selected.

Sec. 21. NRS 386.540 is hereby amended
to read as follows:

386.540 1. The Department shall adopt regulations
that prescribe:

(a) The process for submission of an application by
the board of trustees of a school district to the Department for authorization
to sponsor charter schools and the contents of the application;

(b) The process for submission of an application to
form a charter school to the Department, the board of trustees of a school
district and the Subcommittee on Charter Schools, and the contents of the
application;

(c) The process for submission of an application to
renew a written charter; and

(d) The criteria and type of investigation that must
be applied by the board of trustees, the Subcommittee on Charter Schools and
the State Board in determining whether to approve an application to form a
charter school or an application to renew a written charter.

2. The Department may adopt regulations as it
determines are necessary to carry out the provisions of NRS 386.500 to 386.610,
inclusive, including, without limitation, regulations that prescribe the [procedures]:

(a) Procedures
for accounting[,]and budgeting [and
annual audits];

(b) Requirements
for performance audits and financial audits of charter schools[.] on an annual basis for charter schools
that do not satisfy the requirements of subsection 1 of section 15 of this act;
and

(c) Requirements
for performance audits every 3 years and financial audits on an annual basis
for charter schools that satisfy the requirements of subsection 1 of section 15
of this act.

Sec. 22. NRS 386.545 is hereby amended
to read as follows:

386.545 1. The Department and the board of trustees
of a school district shall:

(a) Upon request, provide information to the general
public concerning the formation and operation of charter schools; and

(b) Maintain a list available for public inspection
that describes the location of each charter school.

2. The sponsor of a charter school shall:

(a) Provide reasonable assistance to an applicant for
a charter school and to a charter school in carrying out the provisions of NRS
386.500 to 386.610, inclusive;

(b) Provide technical and other reasonable assistance
to a charter school for the operation of the charter school; [and]

(c) Provide information to the governing body of a
charter school concerning the availability of money for the charter school,
including, without limitation, money available from the Federal Government[.]; and

(d) Provide
timely access to the electronic data concerning the pupils enrolled in the
charter school that is maintained pursuant to NRS 386.650.

3. If
the board of trustees of a school district is the sponsor of a charter school,
the sponsor shall:

(a) Provide
the charter school with an updated list of available substitute teachers within
the school district.

(b) Provide access to school buses for use by the charter school
for field trips. The school district may charge a reasonable fee for the use of
the school buses.

(c) If the school district offers summer school or
Internet-based credit recovery classes, allow the pupils enrolled in the
charter school to participate if space is available. The school district shall
apply the same fees, if any, for participation of the pupils enrolled in the
charter school as it applies to pupils enrolled in the school district.

4. The
Department shall provide appropriate information, education and training for
charter schools and the governing bodies of charter schools concerning the
applicable provisions of title 34 of NRS and other laws and regulations that
affect charter schools and the governing bodies of charter schools.

Sec. 23. NRS 386.549 is hereby amended
to read as follows:

386.549 1. The governing body of a charter school [must]:

(a) Must consist
of [at]:

(1)
At least three teachers, as defined in subsection [4,
and may]5;
or

(2)
Two teachers, as defined in subsection 5, and one person who previously held a
license to teach issued pursuant to chapter 391 of NRS as long as his license
was held in good standing, including, without limitation, a retired teacher.

(b) May consist
of, without limitation, parents and representatives of nonprofit organizations
and businesses. Not more than two
persons who serve on the governing body may represent the same organization or
business or otherwise represent the interests of the same organization or
business. A majority of the members of the governing body must
reside in this State. If the membership of the governing body changes, the
governing body shall provide written notice to the sponsor of the charter
school within 10 working days after such change.

2. A
person may serve on the governing body only if he submits an affidavit to the Department
indicating that the person:

(a) Has not been convicted of a felony relating to
serving on the governing body of a charter school or any offense involving
moral turpitude.

(b) Has read and understands material concerning the
roles and responsibilities of members of governing bodies of charter schools
and other material designed to assist the governing bodies of charter schools,
if such material is provided to the person by the Department.

[2.]3. The governing body of a charter school is
a public body. It is hereby given such reasonable and necessary powers, not
conflicting with the Constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the charter school is established
and to promote the welfare of pupils who are enrolled in the charter school.

[3.]4. The governing body of a charter school
shall, during each calendar quarter, hold at least one regularly scheduled
public meeting in the county in which the charter school is located.

(a) Holds a current license to teach issued pursuant
to chapter 391 of NRS; and

(b) Has at least 2 years of experience as an employed
teacher.

Ê The term
does not include a person who is employed as a substitute teacher.

Sec. 24.NRS 386.560 is hereby amended
to read as follows:

386.560 1. The governing body of a charter school
may contract with the board of trustees of the school district in which the
charter school is located or the Nevada System of Higher Education for the
provision of facilities to operate the charter school or to perform any service
relating to the operation of the charter school, including, without limitation,
transportation [and], the provision of health services for the
pupils who are enrolled in the charter school[.] and the provision of school police
officers.

2. A charter school may use any public facility
located within the school district in which the charter school is located. A
charter school may use school buildings owned by the school district only upon
approval of the board of trustees of the school district and during times that
are not regular school hours.

3. The board of trustees of a school district may
donate surplus personal property of the school district to a charter school
that is located within the school district.

4. Except as otherwise provided in this subsection,
upon the request of a parent or legal guardian of a pupil who is enrolled in a
charter school, the board of trustees of the school district in which the
charter school is located shall authorize the pupil to participate in a class
that is not available to the pupil at the charter school or participate in an
extracurricular activity, excluding sports, at a public school within the
school district if:

(a) Space for the pupil in the class or
extracurricular activity is available; and

(b) The parent or legal guardian demonstrates to the
satisfaction of the board of trustees that the pupil is qualified to
participate in the class or extracurricular activity.

Ê If the
board of trustees of a school district authorizes a pupil to participate in a
class or extracurricular activity, excluding sports, pursuant to this
subsection, the board of trustees is not required to provide transportation for
the pupil to attend the class or activity. The provisions of this subsection do
not apply to a pupil who is enrolled in a charter school and who desires to
participate on a part-time basis in a program of distance education provided by
the board of trustees of a school district pursuant to NRS 388.820 to 388.874,
inclusive. Such a pupil must comply with NRS 388.858.

5. Upon the request of a parent or legal guardian of
a pupil who is enrolled in a charter school, the board of trustees of the
school district in which the charter school is located shall authorize the
pupil to participate in sports at the public school that he would otherwise be
required to attend within the school district, or upon approval of the board of
trustees, any public school within the same zone of attendance as the charter
school if:

(a) Space is available for the pupil to participate;
and

(b) The parent or legal guardian demonstrates to the
satisfaction of the board of trustees that the pupil is qualified to
participate.

Ê If the
board of trustees of a school district authorizes a pupil to participate in
sports pursuant to this subsection, the board of trustees is not required to
provide transportation for the pupil to participate.

6. The board of trustees of a school district may
revoke its approval for a pupil to participate in a class, extracurricular
activity or sports at a public school pursuant to subsections 4 and 5 if the
board of trustees or the public school determines that the pupil has failed to comply
with applicable statutes, or applicable rules and regulations of the board of
trustees, the public school or an association for interscholastic activities.
If the board of trustees so revokes its approval, neither the board of trustees
nor the public school is liable for any damages relating to the denial of
services to the pupil.

Sec. 25. NRS 386.570 is hereby amended
to read as follows:

386.570 1. Each pupil who is enrolled in a charter
school, including, without limitation, a pupil who is enrolled in a program of
special education in a charter school, must be included in the count of pupils
in the school district for the purposes of apportionments and allowances from
the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive,
unless the pupil is exempt from compulsory attendance pursuant to NRS 392.070.
A charter school is entitled to receive its proportionate share of any other
money available from federal, state or local sources that the school or the
pupils who are enrolled in the school are eligible to receive. If a charter
school receives special education program units directly from this State, the
amount of money for special education that the school district pays to the
charter school may be reduced proportionately by the amount of money the
charter school received from this State for that purpose.

2. All money received by the charter school from this
State or from the board of trustees of a school district must be deposited in a
bank, credit union or other financial institution in this State. The governing
body of a charter school may negotiate with the board of trustees of the school
district and the State Board for additional money to pay for services which the
governing body wishes to offer.

3. Upon completion of a school year, the sponsor of a
charter school may request reimbursement from the governing body of the charter
school for the administrative costs associated with sponsorship for that school
year if the sponsor provided administrative services during that school year. The request must include an itemized
list of those costs. Upon receipt of such a request, the
governing body shall pay the reimbursement to the board of trustees of the
school district[,]
if the board of trustees sponsors the charter school, [or]
to the Department if the State Board sponsors the charter school[.]or to the college or university within
the Nevada System of Higher Education if that institution sponsors the charter
school. If a governing body fails to pay the reimbursement, the
charter school shall be deemed to have violated its written charter and the
sponsor may take such action to revoke the written charter pursuant to NRS
386.535 as it deems necessary. If the board of trustees of a school district is
the sponsor of a charter school, the amount of money that may be paid to the
sponsor pursuant to this subsection for administrative expenses in 1 school
year must not exceed:

(a) For the first year of operation of the charter
school, 2 percent of the total amount of money apportioned to the charter
school during the year pursuant to NRS 387.124.

(b) For any year after the first year of operation of
the charter school, 1 percent of the total amount of money apportioned to the
charter school during the year pursuant to NRS 387.124.

4. If the State Board or a college or university within the Nevada System of
Higher Education is the sponsor of a charter school, the amount of money that may be paid to the Department or to the
institution, as applicable, pursuant to subsection 3 for administrative
expenses in 1 school year must not exceed:

of money that may be paid to the Department or to the institution, as applicable, pursuant
to subsection 3 for administrative expenses in 1 school year must not exceed:

(a) For the first year of operation of the charter
school, 2 percent of the total amount of money apportioned to the charter
school during the year pursuant to NRS 387.124.

(b) For any year after the first year of operation of
the charter school, 1.5 percent of the total amount of money apportioned to the
charter school during the year pursuant to NRS 387.124.

5. To determine the amount of money for distribution
to a charter school in its first year of operation, the count of pupils who are
enrolled in the charter school must initially be determined 30 days before the
beginning of the school year of the school district, based on the number of
pupils whose applications for enrollment have been approved by the charter
school. The count of pupils who are enrolled in the charter school must be
revised on the last day of the first school month of the school district in
which the charter school is located for the school year, based on the actual
number of pupils who are enrolled in the charter school. Pursuant to subsection
5 of NRS 387.124, the governing body of a charter school may request that the
apportionments made to the charter school in its first year of operation be
paid to the charter school 30 days before the apportionments are otherwise
required to be made.

6. If a charter school ceases to operate as a charter
school during a school year, the remaining apportionments that would have been
made to the charter school pursuant to NRS 387.124 for that year must be paid
on a proportionate basis to the school districts where the pupils who were
enrolled in the charter school reside.

7. The governing body of a charter school may solicit
and accept donations, money, grants, property, loans, personal services or
other assistance for purposes relating to education from members of the general
public, corporations or agencies. The governing body may comply with applicable
federal laws and regulations governing the provision of federal grants for
charter schools. The State Board may assist a charter school that operates
exclusively for the enrollment of pupils who receive special education in
identifying sources of money that may be available from the Federal Government
or this State for the provision of educational programs and services to such
pupils.

8. If a charter school uses money received from this
State to purchase real property, buildings, equipment or facilities, the
governing body of the charter school shall assign a security interest in the
property, buildings, equipment and facilities to the State of Nevada.

Sec. 26. NRS 386.610 is hereby amended
to read as follows:

386.610 1. On or before August 15 of each year, if
the board of trustees of a school district or a college or university within the Nevada System of
Higher Education sponsors a charter school, the board of trustees
or the institution, as applicable,
shall submit a written report to the State Board. The written
report must include:

(a) An evaluation of the progress of each charter
school sponsored by the board of trustees or institution, as applicable, in achieving
its educational goals and objectives.

(b) A description of all administrative support and
services provided by the school district or institution, as applicable, to the charter
school.

2. The governing body of a charter school shall,
after 3 years of operation under its initial charter, submit a written report
to the sponsor of the charter school. The written report must include a
description of the progress of the charter school in achieving its educational
goals and objectives. If the charter school submits an application for renewal
in accordance with the regulations of the Department, the sponsor may renew the
written charter of the school pursuant to subsection 2 of NRS 386.530.

Sec. 27. (Deleted
by amendment.)

Sec. 28. NRS 387.124 is hereby amended
to read as follows:

387.124 Except as otherwise provided in this section
and NRS 387.528:

1. On or before August 1, November 1, February 1 and
May 1 of each year, the Superintendent of Public Instruction shall apportion
the State Distributive School Account in the State General Fund among the
several county school districts and charter schools in amounts approximating
one-fourth of their respective yearly apportionments less any amount set aside
as a reserve. The apportionment to a school district, computed on a yearly
basis, equals the difference between the basic support and the local funds
available pursuant to NRS 387.1235, minus all the funds attributable to pupils
who reside in the county but attend a charter school and all the funds
attributable to pupils who reside in the county and are enrolled full time or
part time in a program of distance education provided by another school
district or a charter school. No apportionment may be made to a school district
if the amount of the local funds exceeds the amount of basic support. If an
agreement is not filed for a pupil who is enrolled in a program of distance
education as required by NRS 388.854, the Superintendent of Public Instruction
shall not apportion money for that pupil to the board of trustees of the school
district in which the pupil resides, or the board of trustees or governing body
that provides the program of distance education.

2. Except as otherwise provided in subsection 3, the
apportionment to a charter school, computed on a yearly basis, is equal to the
sum of the basic support per pupil in the county in which the pupil resides
plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil
resides minus all the funds attributable to pupils who are enrolled in the
charter school but are concurrently enrolled part time in a program of distance
education provided by a school district or another charter school. If the
apportionment per pupil to a charter school is more than the amount to be
apportioned to the school district in which a pupil who is enrolled in the
charter school resides, the school district in which the pupil resides shall
pay the difference directly to the charter school.

3. The apportionment to a charter school that is
sponsored by the State Board[,]or a college or university within
the Nevada System of Higher Education, computed on a yearly
basis, is equal to the sum of the basic support per pupil in the county in
which the pupil resides plus the amount of local funds available per pupil
pursuant to NRS 387.1235 and all other funds available for public schools in
the county in which the pupil resides, minus all funds attributable to pupils
who are enrolled in the charter school but are concurrently enrolled part time
in a program of distance education provided by a school district or another
charter school.

4. In addition to the apportionments made pursuant to
this section, an apportionment must be made to a school district or charter
school that provides a program of distance education for each pupil who is
enrolled part time in the program if an agreement is
filed for that pupil pursuant to NRS 388.854 or 388.858, as applicable.

time in the program if an agreement is filed for that pupil
pursuant to NRS 388.854 or 388.858, as applicable. The amount of the
apportionment must be equal to the percentage of the total time services are
provided to the pupil through the program of distance education per school day
in proportion to the total time services are provided during a school day to
pupils who are counted pursuant to subparagraph (2) of paragraph (a) of
subsection 1 of NRS 387.1233 for the school district in which the pupil
resides.

5. The governing body of a charter school may submit
a written request to the Superintendent of Public Instruction to receive, in
the first year of operation of the charter school, an apportionment 30 days
before the apportionment is required to be made pursuant to subsection 1. Upon
receipt of such a request, the Superintendent of Public Instruction may make
the apportionment 30 days before the apportionment is required to be made. A
charter school may receive all four apportionments in advance in its first year
of operation.

6. The Superintendent of Public Instruction shall
apportion, on or before August 1 of each year, the money designated as the
Nutrition State Match pursuant to NRS 387.105 to those school districts that
participate in the National School Lunch Program, 42 U.S.C. §§ 1751 et seq. The
apportionment to a school district must be directly related to the districts
reimbursements for the Program as compared with the total amount of
reimbursements for all school districts in this State that participate in the
Program.

7. If the State Controller finds that such an action
is needed to maintain the balance in the State General Fund at a level
sufficient to pay the other appropriations from it, he may pay out the
apportionments monthly, each approximately one-twelfth of the yearly
apportionment less any amount set aside as a reserve. If such action is needed,
the State Controller shall submit a report to the Department of Administration
and the Fiscal Analysis Division of the Legislative Counsel Bureau documenting
reasons for the action.

Secs. 29 and 30. (Deleted by amendment.)

Sec. 31. Section 2 of Assembly Bill No. 334
of this Session is hereby amended to read as follows:

Sec. 2. There is hereby created a school
district to be designated as the Charter School District for State Board-Sponsored Charter Schools and Nevada System of Higher Education-Sponsored Charter
Schools. The School
District comprises only those charter schools that are sponsored by the State
Board or sponsored
by a college or university within the Nevada System of Higher Education. The State Board is hereby deemed the
board of trustees of the School District. The School District is created for
the sole purpose of providing local educational agency status to the District
for purposes of federal law governing charter schools.

Sec. 32. 1. This section and section 31 of
this act become effective upon passage and approval.

2. Sections 1 to 30, inclusive, of this act become
effective on July 1, 2007.

AN ACT relating to elections;
eliminating various provisions concerning supplies that are no longer used in
elections; regulating the process for rescinding a withdrawal of candidacy;
making various changes regarding early voting; providing a deadline by which a
regulation of the Secretary of State must be effective to be applicable to a
particular election; providing for when certain offices must be declared
elected and no election held for the office; making certain changes concerning
the official record for a recount; making various changes to the provisions
governing absent ballots; making various changes concerning questions placed on
a ballot; making various other changes; and providing other matters properly
relating thereto.

[Approved:
June 13, 2007]

Legislative
Counsels Digest:

Existing law in
chapters 293, 293B and 293C of NRS refers to the use of pollbooks and to
mechanical voting systems whereby a voter may cast his vote by punching a card.
Sections 5, 6, 9, 16, 18, 20, 23, 25, 26, 28, 29, 31-35, 37, 40-44, 46, 47,
50, 55-59, 61-64, 66, 67, 69-72, 74-78, 80, 82-87, 89-95and 97-99
of this bill eliminate references to the use of pollbooks or to a voter punching
a card or casting his ballot with a punch card and to any procedures concerning
the use of such supplies, as these supplies and systems are no longer in use in
elections in this State. Section 101 of this bill repeals many sections
that deal exclusively with these supplies and systems.

Existing law
authorizes and provides a procedure for a candidate to withdraw his candidacy,
but makes no provision for the manner in which a candidate may rescind after he
has withdrawn his declaration of candidacy. (NRS 293.202) Section 11 of
this bill creates a procedure for a candidate to rescind his withdrawal of
candidacy.

Existing law
requires the Secretary of State to adopt regulations governing the conduct of
elections. (NRS 293.247) Sections 17and 96 of this bill provide
that only permanent regulations of the Secretary of State that are effective on
or before December 31 of the year immediately preceding a primary, general,
special or district election govern the conduct of that election.

Existing law
provides that when no more than the number of candidates to be elected have
filed for nomination for most nonpartisan offices, the names of the candidates
must still appear on the ballot for the primary election. (NRS 293.260) Sections
19and 100 change that requirement to provide that for the office of
member of a town advisory board and for certain offices on the Board of
Governors of the Elko Convention and Visitors Authority, in such a situation
those candidates must be declared elected and no election may be held for that
office.

Existing law
requires that mechanical recording devices which directly record votes
electronically must provide a permanent paper record that must be available as
an official record for a recount. (NRS 293.2696, 293B.084) Sections 24and
57 of this bill eliminate the requirement that the permanent paper records
be available as an official record for a recount.

Existing law
specifies the procedure for county and city clerks to process absent ballots
returned by mail or in person. (NRS 293.325, 293C.325) Sections 30and
73 of this bill make revisions to clarify the procedure.

Existing law
specifies the procedure and timing for the appropriate counting board to remove
absent ballots from ballot boxes for the purpose of counting them. (NRS
293.384, 293.385, 293C.382, 293C.385) Sections 45, 46, 88and 89
of this bill revise the timing to provide that the appropriate counting board
may remove the absent ballots from the ballot boxes or containers 3 working
days earlier than the current provisions allow.

Existing law
authorizes and sets forth a procedure for the governing body of a political
subdivision or other local agency to submit a question to the qualified
electors or registered voters of a designated territory. (NRS 293.481) Section
51 of this bill requires a county clerk to assign a unique identification
number to such a question and creates a procedure for such a governing body to
withdraw a question that was properly submitted to a county or city clerk.

Existing law
requires the use of voting receipts and specifies that such voting receipts
have two parts. (NRS 293.2673, 293.3585, 293.3604, 293B.300, 293B.305,
293C.261, 293C.3585, 293C.3604, 293C.620) Sections 22, 37, 38, 60, 61, 68,
80, 81and 91 of this bill change these provisions to make the use
of voting receipts optional at the discretion of the county or city clerk.
These sections of the bill also eliminate the requirement that the voting
receipts have two parts.

Section 101
of this bill repeals the section that requires the Secretary of State to
publish a pamphlet describing the requirements for filing and circulating an
initiative petition and several other sections dealing with obsolete election
procedures. (NRS 293.12756)

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
293 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 and 3 of this act.

Sec. 2. Ballot box means a box that is capable of being secured
and is used to receive the voted ballots.

293.010 As used in this title, unless the context
otherwise requires, the words and terms defined in NRS 293.013 to 293.121,
inclusive, and sections 2 and 3 of
this act, have the meanings ascribed to them in those sections.

Sec. 5. NRS 293.025 is hereby amended
to read as follows:

293.025 Ballot means the record of a voters
preference of candidates and questions voted upon at an election. The term
includes, without limitation, any paper given to a voter upon which he places
his vote[,
a punch card which records the vote of a voter] and
electronic storage tapes.

Sec. 6. NRS 293.040 is hereby amended
to read as follows:

293.040 Clerk means the election board officer designated
or assigned to make the record of the election in the [pollbook,]roster, tally list
and challenge list in the precinct or district in which such officer is
appointed.

293.097 Sample ballot means a document distributed
by a county or city clerk upon which is printed a [facsimile of]list of the offices, candidates
and ballot questions that will appear on a ballot. The term
includes any such document which is printed by a computer.

293.113 Tally list [or tally book]
means the [forms]form furnished to election board officers to be used in [tallying
or] recording the number of votes cast for each candidate
and question on the ballot . [as
such votes are called in counting.]

Sec. 10. NRS 293.12757 is hereby
amended to read as follows:

293.12757 A person may sign a petition required under
the election laws of this State on or after the date he is deemed to be
registered to vote pursuant to [subsection 5 of] NRS 293.517 or
subsection 7 of NRS 293.5235.

Sec. 11. NRS 293.202 is hereby amended
to read as follows:

293.2021. A withdrawal of candidacy for office
must be in writing and must be presented by the candidate in person, within 7
days, excluding Saturdays, Sundays and holidays, after the last day for filing,
to the officer whose duty it is to receive filings for candidacy for that
office. If the withdrawal of
candidacy is submitted in a timely manner pursuant to the provisions of this
subsection, it shall be deemed effective after the seventh day, excluding
Saturdays, Sundays and holidays, after the last day for filing.

2. A
rescission of a withdrawal of candidacy must be in writing and presented by the
candidate in person, within the 7 days, excluding Saturdays, Sundays and
holidays, after the last day for filing, to the officer whose duty it is to
receive filings for candidacy for that office.

Sec. 12. NRS 293.207 is hereby amended
to read as follows:

293.207 1. Election precincts must be established on
the basis of the number of registered voters therein, with a maximum [of
600 registered voters per precinct in those precincts in which paper ballots
are used, or a maximum] of 1,500 registered voters who are
not designated inactive pursuant to NRS 293.530 per precinct in those precincts
in which a mechanical voting system is used.

2. Except as otherwise provided in subsections 3 and
4, the county clerk may consolidate two or more contiguous election precincts
into a single voting district to conduct a particular election as public
convenience, necessity and economy may require.

3. If a county clerk proposes to consolidate two or
more contiguous election precincts, in whole or in part, pursuant to subsection
2, the county clerk shall, at least 14 days before consolidating the precincts,
cause notice of the proposed consolidation to be:

(a) Posted in the manner prescribed for a regular meeting
of the board of county commissioners; and

(b) Mailed to each Assemblyman, State Senator, county
commissioner and, if applicable, member of the governing body of a city who
represents residents of a precinct affected by the consolidation.

4. A person may file a written objection to the
proposed consolidation with the county clerk. The county clerk shall consider
each written objection filed pursuant to this subsection before consolidating
the precincts.

Sec. 13. NRS 293.213 is hereby amended
to read as follows:

293.213 1. Whenever there were not more than 20
voters registered in a precinct for the last preceding general election, the
county clerk may establish that precinct as a mailing precinct . [, and shall forthwith
mail notification to the field registrar for that precinct.]

2. Except as otherwise provided in NRS 293.208, the
county clerk in any county where an absent ballot central counting board is
appointed may abolish two or more existing mailing
precincts and combine those mailing precincts into absent ballot precincts.

abolish two or more existing mailing precincts and combine
those mailing precincts into absent ballot precincts. Those mailing precincts
must be designated absent ballot mailing precincts.

3. In any county where an absent ballot central
counting board is appointed, any established precinct which had less than 200
ballots cast at the last preceding general election, or any newly established
precinct with less than 200 registered voters, may be designated an absent
ballot mailing precinct.

4. The county clerk shall, at least 14 days before
establishing or designating a precinct as a mailing precinct or absent ballot
mailing precinct or before abolishing a mailing precinct pursuant to this
section, cause notice of such action to be:

(a) Posted in the manner prescribed for a regular
meeting of the board of county commissioners; and

(b) Mailed to each Assemblyman, State Senator, county
commissioner and, if applicable, member of the governing body of a city who
represents residents of a precinct affected by the action.

Sec. 14. NRS 293.217 is hereby amended
to read as follows:

293.217 1. The county clerk of each county shall
appoint and notify registered voters to act as election board officers for the
various precincts and districts in the county as provided in NRS 293.220 to [293.245,]293.243, inclusive,
and 293.384 . [,
and shall conclude those duties no later than 31 days before the election.]
The registered voters appointed as election board officers for any precinct or
district must not all be of the same political party. No candidate for
nomination or election or his relative within the second degree of
consanguinity or affinity may be appointed as an election board officer.
Immediately after election board officers are appointed, if requested by the
county clerk, the sheriff shall:

(a) Appoint a deputy sheriff for each polling place in
the county and for the central election board or the absent ballot central
counting board; or

(b) Deputize as a deputy sheriff for the election an
election board officer of each polling place in the county and for the central
election board or the absent ballot central counting board. The deputized
officer shall receive no additional compensation for his services rendered as a
deputy sheriff during the election for which he is deputized.

Ê Deputy
sheriffs so appointed and deputized shall preserve order during hours of voting
and attend closing of the polls.

2. The county clerk may appoint a trainee for the
position of election board officer as set forth in NRS 293.2175.

Sec. 15. NRS 293.227 is hereby amended
to read as follows:

293.227 1. Each election board [consists of at least
three members, one of whom must be]must have one member designated as the chairman by the
county or city clerk. The election
boards shall make the records of election required by this
chapter.

2. The appointment of a trainee as set forth in NRS
293.2175 and 293C.222 may be used to determine the number of members on the
election board, but under no circumstances may:

(a) The election board of any precinct include more
than one trainee; or

(b) A trainee serve as chairman of the election board.

3. The county or city clerk shall conduct or cause to
be conducted[,
at least 5 days before the date of the election for which the boards are
appointed,] a school to acquaint the [chairmen]members of an election board with the election laws, duties of election boards,
regulations of the Secretary of State and with the procedure for making the
records of election and using the register for election boards.

board with
the election laws, duties of election boards, regulations of the Secretary of
State and with the procedure for making the records of election and using the
register for election boards. [If the person appointed chairman is unable for any reason to
attend the school, he shall appoint some other member of his election board to
attend the school in his stead.]

4. The board of county commissioners of any county or
the city council of any city may reimburse the [chairmen or their
designees]members
of an election board who attend the school for their travel
expenses at a rate not exceeding 10 cents per mile.

[5. Each chairman shall instruct his board before election
day.]

Sec. 16. NRS 293.230 is hereby amended
to read as follows:

293.230 [1. In precincts or
districts where there are less than 200 registered voters and paper ballots are
used, the election board shall perform all duties required from the time of
preparing for the opening of the polls through delivering the supplies and
result of votes cast to the county clerk.

2.]
Except as otherwise provided in NRS 293.235, one election board must be
appointed by the county clerk for all mailing precincts within the county and
must be designated the central election board. The county clerk shall deliver
the mailed ballots to that board in his office and the board shall count the
votes on those ballots in the manner required by law.

Sec. 17. NRS 293.247 is hereby amended
to read as follows:

293.247 1. The Secretary of State shall adopt
regulations, not inconsistent with the election laws of this State, for the
conduct of primary, general, special and district elections in all cities and
counties. Permanent regulations of
the Secretary of State that regulate the conduct of a primary, general, special
or district election that are effective on or before December 31 of the year
immediately preceding a primary, general, special or district election govern
the conduct of that election.

2. The
Secretary of State shall prescribe the forms for a declaration of candidacy,
certificate of candidacy, acceptance of candidacy and any petition which is
filed pursuant to the general election laws of this State.

[2.]3. The regulations must prescribe:

(a) The duties of election boards;

(b) The type and amount of election supplies;

(c) The manner of printing ballots and the number of
ballots to be distributed to precincts and districts;

(d) The method to be used in distributing ballots to
precincts and districts;

(e) The method of inspection and the disposition of
ballot boxes;

(f) The form and placement of instructions to voters;

(g) The recess periods for election boards;

(h) The size, lighting and placement of voting booths;

(i) The amount and placement of guardrails and other
furniture and equipment at voting places;

(j) The disposition of election returns;

(k) The procedures to be used for canvasses, ties,
recounts and contests[;] , including, without limitation, the appropriate
use of a paper record created when a voter casts a ballot on a mechanical
voting system that directly records the votes electronically;

(l) The procedures to be used to ensure the security
of the ballots from the time they are transferred from the polling place until
they are stored pursuant to the provisions of NRS 293.391 or 293C.390;

(m) The procedures to be used to ensure the security
and accuracy of computer programs and tapes used for elections;

(n) The
procedures to be used for the testing, use and auditing of a mechanical voting
system which directly records the votes electronically and which creates a
paper record when a voter casts a ballot on the system;

(o) The
procedures to be used for the disposition of absent ballots in case of an
emergency;

[(o)](p) The forms for applications to register to
vote and any other forms necessary for the administration of this title; and

[(p)](q) Such other matters as determined necessary
by the Secretary of State.

[3.]4. The Secretary of State may provide
interpretations and take other actions necessary for the effective
administration of the statutes and regulations governing the conduct of
primary, general, special and district elections in this State.

[4.]5. The Secretary of State shall prepare and
distribute to each county and city clerk copies of:

(a) Laws and regulations concerning elections in this
State;

(b) Interpretations issued by the Secretary of States
Office; and

(c) Any Attorney Generals opinions or any state or
federal court decisions which affect state election laws or regulations
whenever any of those opinions or decisions become known to the Secretary of
State.

Sec. 18. NRS 293.250 is hereby amended
to read as follows:

293.250 1. The Secretary of State shall, in a manner
consistent with the election laws of this State, prescribe:

(a) The form of all ballots, absent ballots, diagrams,
sample ballots, certificates, notices, declarations, applications to register
to vote, lists, applications, [pollbooks,] registers, rosters,
statements and abstracts required by the election laws of this State.

(b) The procedure to be followed when a computer is
used to register voters and to keep records of registration.

2. The Secretary of State shall prescribe with
respect to the matter to be printed on every kind of ballot:

(a) The placement and listing of all offices,
candidates and measures upon which voting is statewide, which must be uniform
throughout the State.

(b) The listing of all other candidates required to
file with him, and the order of listing all offices, candidates and measures
upon which voting is not statewide, from which each county or city clerk shall
prepare appropriate ballot forms for use in any election in his county.

3. The Secretary of State shall place the
condensation of each proposed constitutional amendment or statewide measure
near the spaces or devices for indicating the voters choice.

4. The fiscal note for, explanation of, arguments for
and against, and rebuttals to such arguments of each proposed constitutional
amendment or statewide measure must be included on all sample ballots.

5. The condensations and explanations for
constitutional amendments and statewide measures proposed by initiative or
referendum must be prepared by the Secretary of State, upon consultation with
the Attorney General. The arguments and rebuttals for or against constitutional
amendments and statewide measures proposed by initiative or referendum must be
prepared in the manner set forth in NRS 293.252. The fiscal notes for
constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon
consultation with the Fiscal Analysis Division of the Legislative Counsel
Bureau.

or referendum must be prepared by the Secretary of State,
upon consultation with the Fiscal Analysis Division of the Legislative Counsel
Bureau. The condensations, explanations, arguments, rebuttals and fiscal notes
must be in easily understood language and of reasonable length, and whenever
feasible must be completed by August 1 of the year in which the general
election is to be held.

6. The names of candidates for township and
legislative or special district offices must be printed only on the ballots
furnished to voters of that township or district.

7. A county clerk:

(a) May divide paper ballots into two sheets in a
manner which provides a clear understanding and grouping of all measures and
candidates.

(b) Shall prescribe the color or colors of the ballots
and voting receipts used in any election which the clerk is required to
conduct.

Sec. 19. NRS 293.260 is hereby amended
to read as follows:

293.260 1. Where there is no contest of election for
nomination to a particular office, neither the title of the office nor the name
of the candidate may appear on the ballot.

2. If more than one major political party has
candidates for a particular office, the persons who receive the highest number
of votes at the primary elections must be declared the nominees of those
parties for the office.

3. If only one major political party has candidates
for a particular office and a minor political party has nominated a candidate
for the office or an independent candidate has filed for the office, the
candidate who receives the highest number of votes in the primary election of
the major political party must be declared the nominee of that party and his
name must be placed on the general election ballot with the name of the nominee
of the minor political party for the office and the name of the independent
candidate who has filed for the office.

4. If only one major political party has candidates
for a particular office and no minor political party has nominated a candidate
for the office and no independent candidate has filed for the office:

(a) If there are more candidates than twice the number
to be elected to the office, the names of the candidates must appear on the
ballot for a primary election. Except as otherwise provided in this paragraph,
the candidates of that party who receive the highest number of votes in the
primary election, not to exceed twice the number to be elected to that office
at the general election, must be declared the nominees for the office. If only
one candidate is to be elected to the office and a candidate receives a
majority of the votes in the primary election for that office, that candidate
must be declared the nominee for that office and his name must be placed on the
ballot for the general election.

(b) If there are no more than twice the number of
candidates to be elected to the office, the candidates must, without a primary
election, be declared the nominees for the office.

5. Where no more than the number of candidates to be
elected have filed for nomination for:

(a) Any partisan office or the office of justice of
the Supreme Court, the names of those candidates must be omitted from all
ballots for a primary election and placed on all ballots for a general
election; [and]

(b) Any nonpartisan office, other than the office of
justice of the Supreme Court[,]or the office of member of a town
advisory board, the names of those
candidates must appear on the ballot for a primary election unless the
candidates were nominated pursuant to subsection 2 of NRS 293.165.

names of those candidates must appear on the ballot for a
primary election unless the candidates were nominated pursuant to subsection 2
of NRS 293.165. If a candidate receives one or more votes at the primary
election, he must be declared elected to the office and his name must not be
placed on the ballot for the general election. If a candidate does not receive
one or more votes at the primary election, his name must be placed on the
ballot for the general election[.] ; and

(c) The
office of member of a town advisory board, the candidate must be declared
elected to the office and no election must be held for that office.

6. If there are more candidates than twice the number
to be elected to a nonpartisan office, the names of the candidates must appear
on the ballot for a primary election. Those candidates who receive the highest
number of votes at that election, not to exceed twice the number to be elected,
must be declared nominees for the office.

Sec. 20. NRS 293.262 is hereby amended
to read as follows:

293.262 An absent ballot or a ballot voted by a voter
who resides in a mailing precinct must be voted:

1. On a paper ballot[:

2. On a
ballot which is voted by punching a card; or

3.]; or

2. By
any other system authorized by state or federal law.

Sec. 21. NRS 293.265 is hereby amended
to read as follows:

293.265 On nonpartisan primary ballots, there must
appear at the top of the ballot the designation [Candidates for] Nonpartisan
Offices. Except as otherwise provided in NRS 293.2565, following this
designation must appear the names of candidates grouped alphabetically under
the title and length of term of the nonpartisan office for which those
candidates filed.

Sec. 22. NRS 293.2673 is hereby amended
to read as follows:

293.2673 1. A ballot prepared for use in an election
in this State must be dated and marked in such a manner as to indicate clearly
at which election the ballot will be used.

2. If a ballot includes a detachable stub, both the
ballot and the stub must include the date of the election and indicate clearly
at which election the ballot will be used.

3. If a ballot includes a voting receipt ,[which has two parts, each
part of] the voting receipt must include the date of the
election and indicate clearly at which election the [ballot will be used.] voter cast his ballot.

Sec. 23. NRS 293.2693 is hereby amended
to read as follows:

293.2693 If a county or city uses paper ballots [or
punch cards] in an election, including, without
limitation, for absent ballots and ballots voted in a mailing precinct, the
county or city clerk shall provide a voter education program specific to the
voting system used by the county or city. The voter education program must
include, without limitation, information concerning the effect of overvoting
and the procedures for correcting a vote on a ballot before it is cast and
counted and for obtaining a replacement ballot.

Sec. 24. NRS 293.2696 is hereby amended
to read as follows:

293.2696 The Secretary of State and each county and
city clerk shall ensure that each voting system used in this State:

1. Secures to each voter privacy and independence in
the act of voting, including, without limitation, confidentiality of the ballot
of the voter;

2. Allows each voter to verify privately and
independently the votes selected by the voter on the ballot before the ballot
is cast and counted;

3. Provides each voter with the opportunity, in a
private and independent manner, to change the ballot and to correct any error
before the ballot is cast and counted, including, without limitation, the
opportunity to correct an error through the issuance of a replacement ballot if
the voter is otherwise unable to change the ballot or correct the error;

4. Provides a permanent paper record with a manual
audit capacity ; [which
must be available as an official record for a recount;]
and

5. Meets or exceeds the standards for voting systems
established by the Federal Election Commission, including, without limitation,
the error rate standards.

Sec. 25. NRS 293.285 is hereby amended
to read as follows:

293.285 [1.]
A registered voter applying to vote shall state his name to the election board
officer in charge of the election board register and the officer shall
immediately announce the name and take the registered voters signature. [After
a registered voter is properly identified at a polling place where paper
ballots are used, one partisan ballot and, if required, one nonpartisan ballot,
correctly folded must be given to the voter and the number of the ballot or
ballots must be written by an election board officer upon the pollbook,
opposite the name of the registered voter receiving the ballot or ballots.

2. In
pollbooks in which voters names have been entered, election officers may
indicate the application to vote without writing the name.]

Sec. 26. NRS 293.297 is hereby amended
to read as follows:

293.297 [1. Except as otherwise
provided in subsection 2:

(a) Any
voter who spoils his ballot may return the spoiled ballot to the election board
and receive another in its place.

(b) The
election board officers shall indicate in the pollbook that the ballot is
spoiled and shall enter the number of the ballot issued in its place.

(c) Each
spoiled ballot returned must be cancelled by writing the word Cancelled
across the back of the ballot. A spoiled paper ballot must be cancelled without
unfolding it.

(d) A
record must be made of those cancelled ballots at the closing of the polls and
before counting. The ballots must be placed in a separate envelope and returned
to the appropriate county clerk with the election supplies.

2. If
ballots which are voted on a]A mechanical recording device which directly
records [the] votes electronically [are
used,]must
allow the voter [must be able] to change his vote before
the mechanical recording device permanently records that vote.

Sec. 27. NRS 293.303 is hereby amended
to read as follows:

293.303 1. A person applying to vote may be
challenged:

(a) Orally by any registered voter of the precinct [or
district] upon the ground that he is not the person
entitled to vote as claimed or has voted before at the same election . [; or] A registered voter who initiates a
challenge pursuant to this paragraph must submit an affirmation that is signed
under penalty of perjury and in the form prescribed by the Secretary of State
stating that the challenge is based on the personal knowledge of the registered
voter.

(b) On any ground set forth in a challenge filed with
the county clerk pursuant to the provisions of NRS 293.547.

2. If a person is challenged, an election board
officer shall tender the challenged person the following oath or affirmation:

(a) If the challenge is on the ground that he does not
belong to the political party designated upon the register, I swear or affirm
under penalty of perjury that I belong to the political party designated upon
the register;

(b) If the challenge is on the ground that the
register does not show that he designated the political party to which he
claims to belong, I swear or affirm under penalty of perjury that I designated
on the application to register to vote the political party to which I claim to
belong;

(c) If the challenge is on the ground that he does not
reside at the residence for which the address is listed in the election board
register, I swear or affirm under penalty of perjury that I reside at the residence
for which the address is listed in the election board register;

(d) If the challenge is on the ground that he
previously voted a ballot for the election, I swear or affirm under penalty of
perjury that I have not voted for any of the candidates or questions included
on this ballot for this election; or

(e) If the challenge is on the ground that he is not
the person he claims to be, I swear or affirm under penalty of perjury that I
am the person whose name is in this election board register.

Ê The oath or
affirmation must be set forth on a form prepared by the Secretary of State and
signed by the challenged person under penalty of perjury.

3. Except as otherwise provided in subsection 4, if
the challenged person refuses to execute the oath or affirmation so tendered,
he must not be issued a ballot, and the officer in charge of the election board
register shall write the words Challenged ................ opposite his name
in the election board register.

4. If the challenged person refuses to execute the
oath or affirmation set forth in paragraph (a) or (b) of subsection 2, the
election board officers shall issue him a nonpartisan ballot.

5. If the challenged person refuses to execute the
oath or affirmation set forth in paragraph (c) of subsection 2, the election
board officers shall inform him that he is entitled to vote only in the manner
prescribed in NRS 293.304.

6. If the challenged person executes the oath or
affirmation and the challenge is not based on the ground set forth in paragraph
(e) of subsection 2, the election board officers shall issue him a partisan
ballot.

7. If the challenge is based on the ground set forth
in paragraph (c) of subsection 2, and the challenged person executes the oath
or affirmation, the election board shall not issue the person a ballot until he
furnishes satisfactory identification which contains proof of the address at
which he actually resides.

8. If the challenge is based on the ground set forth
in paragraph (e) of subsection 2 and the challenged person executes the oath or
affirmation, the election board shall not issue the person a ballot unless he:

(a) Furnishes official identification which contains a
photograph of himself, such as his drivers license or other official document;
or

(b) Brings before the election board officers a person
who is at least 18 years of age who:

(1) Furnishes official identification which
contains a photograph of himself, such as his drivers license or other
official document; and

(2) Executes an oath or affirmation under
penalty of perjury that the challenged person is who he swears he is.

9. The election board officers shall:

(a) Record on the challenge list:

(1) The name of the challenged person;

(2) The name of the registered voter who
initiated the challenge; and

(3) The result of the challenge; and

(b) If possible, orally notify the registered voter
who initiated the challenge of the result of the challenge.

Sec. 28. NRS 293.304 is hereby amended
to read as follows:

293.304 1. If a person is successfully challenged on
the ground set forth in paragraph (c) of subsection 2 of NRS 293.303 or if a
person refuses to provide an affirmation pursuant to NRS 293.525, the election
board shall instruct the voter that he may vote only at the special polling
place in the manner set forth in this section.

2. The county clerk of each county shall maintain a
special polling place in his office and at such other locations as he deems
necessary during each election. The ballots voted at the special polling place
must be kept separate from the ballots of voters who have not been so
challenged or who have provided an affirmation pursuant to NRS 293.525 in[:

(a) A
special ballot box if the ballots are paper ballots or ballots which are voted
by punching a card; or

(b) A]a special sealed
container if the ballots are ballots which are voted on a mechanical recording
device which directly records the votes electronically.

3. A person who votes at a special polling place may
place his vote only for the following offices and questions:

(a) President and Vice President of the United States;

(b) United States Senator;

(c) All state officers for whom all voters in the
State may vote;

(d) All officers for whom all voters in the county may
vote; and

(e) Questions which have been submitted to all voters
of the county or State.

4. The ballots voted at the special polling place
must be counted when other ballots are counted and[:

(a) If the
ballots are paper ballots or ballots which are voted by punching a card,
maintained in a separate ballot box; or

(b) If], if the ballots are
ballots which are voted on a mechanical recording device which directly records
the votes electronically, maintained in a separate sealed container[,

Ê] until any
contest of election is resolved or the date for filing a contest of election
has passed, whichever is later.

Sec. 29. NRS 293.323 is hereby amended
to read as follows:

293.323 1. Except as otherwise provided in
subsection 2, if the request for an absent ballot is made by mail or facsimile
machine, the county clerk shall, as soon as the official absent ballot for the
precinct or district in which the applicant resides has been printed, send to
the voter by first-class mail or
by any class of mail if the Official Election Mail logo or an equivalent logo
or mark created by the United States Postal Service is properly placed on the
official absent ballot, if the absent voter is within the boundaries of the United States, its territories or possessions
or on a military base, or by air mail if the absent voter is in a foreign
country but not on a military base:

boundaries of the United States, its territories or
possessions or on a military base, or by air mail if the absent voter is in a
foreign country but not on a military base:

(a) [Except as otherwise provided in paragraph (b):

(1)]
An absent ballot;

[(2)](b) A return envelope;

[(3) Supplies for marking the ballot;

(4)](c) An envelope or
similar device into which the ballot is inserted to ensure its secrecy; and

[(5) Instructions.

(b) In
those counties using a mechanical voting system whereby a vote is cast by
punching a card:

(1)
A card attached to a sheet of foam plastic or similar backing material;

(2)
A return envelope;

(3)
A punching instrument;

(4)
A sample ballot;

(5)
An envelope or similar device into which the card is inserted to ensure its
secrecy; and

(6)](d) Instructions.

2. If the county clerk fails to send an absent ballot
pursuant to subsection 1 to a voter who resides within the continental United States, the county clerk may use a facsimile machine to send an absent ballot and
instructions to the voter. The voter shall mail his absent ballot to the county
clerk.

3. The return envelope sent pursuant to subsection 1
must include postage prepaid by first-class mail if the absent voter is within
the boundaries of the United States, its territories or possessions or on a
military base.

4. Nothing may be enclosed or sent with an absent
ballot except as required by subsection 1 or 2.

5. Before depositing a ballot in the [mails]mail or sending a
ballot by facsimile machine, the county clerk shall record the date the ballot
is issued, the name of the registered voter to whom it is issued, his precinct
or district, his political affiliation, if any, the number of the ballot and
any remarks he finds appropriate.

6. The Secretary of State shall adopt regulations to
carry out the provisions of subsection 2.

Sec. 30. NRS 293.325 is hereby amended
to read as follows:

293.325 1. Except as otherwise provided in [subsections
2 and 3,]subsection
2, when an absent ballot is returned by a registered voter to the
county clerk through the [mails]mail or in person, and record thereof is made
in the absent ballot record book, the county clerk shall neatly stack,
unopened, the absent ballot with any other absent ballot received that day in a
container and deliver, or cause to be delivered, that container to the precinct
or district election board.

2. If [the county clerk has appointed] an
absent ballot central counting board[, the county clerk shall, upon receipt of each absent voters
ballot, make a record of the return and check the signature on the return
envelope against the original signature of the voter on the county clerks
register. If the county clerk determines that the absent voter is entitled to
cast his ballot, he shall deposit the ballot in the proper ballot box. At the
end of each day before election day, the county clerk may remove the ballots
from each ballot box and neatly stack the
ballots in a container.

and neatly stack
the ballots in a container. Except as otherwise provided in subsection 3, on
election day the county clerk shall deliver the ballot box and, if applicable,
each container to the absent ballot counting board to be counted.

3. If the
county uses a mechanical voting system, the county clerk shall, upon receipt of
each absent voters ballot, make a record of the return and]has been appointed, when an absent
ballot is returned by a registered voter to the county clerk through the mail
or in person, the county clerk shall check the signature on the return
envelope against the original signature of the county clerks register. If the
county clerk determines that the absent voter is entitled to cast his ballot,
he shall deposit the ballot in the proper ballot box or place the ballot,
unopened, in a container that must be securely locked or under the control of
the county clerk at all times. At the end of each day before election day, the
county clerk may remove the ballots from each ballot box, neatly stack the
ballots in a container and seal the container with a numbered seal. [Except
as otherwise provided in this subsection, on election day the county clerk
shall deliver the ballot box and each container, if applicable, to the central
counting place. If the county uses a mechanical voting system and the county
clerk has appointed an absent ballot central counting board, the county clerk
may, not]Not
earlier than 4 working days before the election, the county clerk shall deliver
the ballots to the absent ballot central counting board to be processed and
prepared for [tabulation]counting pursuant to the procedures
established by the Secretary of State[.] to ensure the confidentiality of the
prepared ballots until after the polls have closed pursuant to NRS 293.273 or
293.305.

Sec. 31. NRS 293.330 is hereby amended
to read as follows:

293.330 1. Except as otherwise provided in NRS
293.3157 and subsection 2 of NRS 293.323 and any regulations adopted pursuant
thereto, when an absent voter receives his ballot, he must mark and fold it[, if it is a paper
ballot, or punch it, if the ballot is voted by punching a card,]
in accordance with the instructions, deposit it in the return envelope, seal
the envelope, affix his signature on the back of the envelope in the space
provided therefor and mail the return envelope.

2. Except as otherwise provided in subsection 3, if
an absent voter who has requested a ballot by mail applies to vote the ballot
in person at:

(a) The office of the county clerk, he must mark [or
punch] the ballot, seal it in the return envelope and
affix his signature in the same manner as provided in subsection 1, and deliver
the envelope to the clerk.

(b) A polling place, including, without limitation, a
polling place for early voting, he must surrender the absent ballot and provide
satisfactory identification before being issued a ballot to vote at the polling
place. A person who receives a surrendered absent ballot shall mark it
Cancelled.

3. If an absent voter who has requested a ballot by
mail applies to vote in person at the office of the county clerk or a polling
place, including, without limitation, a polling place for early voting, and the
voter does not have the absent ballot to deliver or surrender, the voter must
be issued a ballot to vote if the voter:

(a) Provides satisfactory identification;

(b) Is a registered voter who is otherwise entitled to
vote; and

(c) Signs an affirmation under penalty of perjury on a
form prepared by the Secretary of State declaring that the voter has not voted
during the election.

4. Except as otherwise provided in NRS 293.316, it is
unlawful for any person to return an absent ballot other than the voter who
requested the absent ballot or, at the request of the voter, a member of his
family. A person who returns an absent ballot and who is a member of the family
of the voter who requested the absent ballot shall, under penalty of perjury,
indicate on a form prescribed by the county clerk that he is a member of the
family of the voter who requested the absent ballot and that the voter
requested that he return the absent ballot. A person who violates the
provisions of this subsection is guilty of a category E felony and shall be
punished as provided in NRS 193.130.

Sec. 32. NRS 293.333 is hereby amended
to read as follows:

293.333 On the day of an election, the precinct or
district election boards receiving the absent voters ballots from the county
clerk shall, in the presence of a majority of the election board officers,
remove the ballots from the ballot box and the containers in which the ballots
were transported pursuant to NRS 293.325 and deposit the ballots in the regular
ballot box in the following manner:

1. The name of the voter, as shown on the return
envelope, must be called and checked as if the voter were voting in person;

2. The signature on the back of the return envelope
must be compared with that on the original application to register to vote;

3. If the board determines that the absent voter is
entitled to cast his ballot, the envelope must be opened, the numbers on the
ballot and envelope compared, the number strip or stub detached from the ballot[,]
and, if the numbers are the same, the ballot deposited in the regular ballot
box; and

4. The election board officers shall mark in the [pollbook]roster opposite the
name of the voter the word Voted.

Sec. 33. NRS 293.350 is hereby amended
to read as follows:

293.350 1. The county clerk shall:

(a) Make certain of the names and addresses of all
voters registered to vote in mailing precincts and absent ballot mailing
precincts;

(b) Enroll the name and address of each voter found
eligible to vote in those precincts in the mailing precinct record book;

(f) Instructions
regarding the manner of punching and returning the card.]

Sec. 34. NRS 293.353 is hereby amended
to read as follows:

293.353 Upon receipt of a mailing ballot from the
county clerk, the registered voter must:

1. [Except as otherwise provided in subsection 2:

(a)]
Immediately after opening the envelope, mark and fold the ballot;

[(b)]2. Place the ballot in the return envelope;

[(c)]3. Affix his signature on the back of the
envelope; and

[(d)]4. Mail or deliver the envelope to the county
clerk.

[2. In those counties using a mechanical voting system
whereby a vote is cast by punching a card:

(a) Immediately
after opening the envelope, punch the card;

(b) Place
the unfolded card in the return envelope;

(c) Affix
his signature on the back of the envelope; and

(d) Mail
or deliver the envelope to the county clerk.]

Sec. 35. NRS 293.356 is hereby amended
to read as follows:

293.356 If a request is made to vote early by a
registered voter in person, the election board shall issue a ballot for early
voting to the voter. Such a ballot must be voted on the premises of a polling
place for early voting established pursuant to NRS 293.3564 or 293.3572 . [and returned to the
election board. If the ballot is a paper ballot, a ballot which is voted by
punching a card or a ballot which is voted by any other system authorized by
state or federal law, the election board shall follow the same procedure as in
the case of absent ballots received by mail.]

Sec. 36. NRS 293.3568 is hereby amended
to read as follows:

293.3568 1. The period for early voting by personal
appearance begins the third Saturday preceding a primary or general election
and extends through the Friday before election day, Sundays and holidays
excepted.

2. The county clerk may:

(a) Include any Sunday or holiday that falls within
the period for early voting by personal appearance.

(b) Require a permanent polling place for early voting
to remain open until 8 p.m. on any Saturday that falls within the period for
early voting.

3. A permanent polling place for early voting must
remain open:

(a) On Monday through Friday:

(1) During the first week of early voting, from
8 a.m. until 6 p.m.

(2) During the second week of early voting,
from 8 a.m. until 6 p.m. , or
until 8 p.m. if the county clerk so requires.

(b) On any Saturday that falls within the period for
early voting, [from]for at least 4 hours between 10 a.m. [until]and 6 p.m.

(c) If the county clerk includes a Sunday that falls
within the period for early voting pursuant to subsection 2, during such hours
as he may establish.

Sec. 37. NRS 293.3585 is hereby amended
to read as follows:

293.3585 1. Upon the appearance of a person to cast
a ballot for early voting, the deputy clerk for early voting shall:

(a) Determine that the person is a registered voter in
the county;

(b) Instruct the voter to sign the roster for early
voting; and

(c) Verify the signature of the voter against that
contained on the original application to register to vote or facsimile thereof,
the card issued to the voter at the time of registration or some other piece of
official identification.

2. The county clerk shall prescribe a procedure,
approved by the Secretary of State, to determine that the voter has not already
voted pursuant to this section.

3. The roster for early voting must contain:

(a) The voters name, the address where he is registered
to vote, his voter identification number and a place for the voters signature;

(b) The voters precinct or voting district number;
and

(c) The date of voting early in person.

4. When a voter is entitled to cast his ballot and
has identified himself to the satisfaction of the deputy clerk for early
voting, he is entitled to receive the appropriate ballot or ballots, but only
for his own use at the polling place for early voting.

5. [If the ballot is voted by punching a card, the deputy clerk for
early voting shall:

(a) Ensure
that the voters precinct or voting district and the form of ballot are
indicated on the card;

(b) Direct
the voter to the appropriate mechanical recording device for his form of
ballot; and

(c) Allow
the voter to place his voted ballot in the ballot box.

6.]
If the ballot is voted on a mechanical recording device which directly records
the votes electronically, the deputy clerk for early voting shall:

(a) Prepare the mechanical recording device for the
voter;

(b) Ensure that the voters precinct or voting
district and the form of ballot are indicated on [each part of]
the voting receipt[;

(c) Retain
one part of the voting receipt for the election board and return the other part
of the voting receipt to the voter; and

(d)], if the county clerk uses voting
receipts; and

(c) Allow
the voter to cast his vote.

[7.]6. A voter applying to vote early by personal
appearance may be challenged pursuant to NRS 293.303.

Sec. 38. NRS 293.3604 is hereby amended
to read as follows:

293.3604If ballots which are voted on a
mechanical recording device which directly records the votes electronically are
used during the period for early voting by personal appearance in an election
other than a presidential preference primary election:

1. At the close of each voting day the election board
shall:

(a) Prepare and sign a statement for the polling
place. The statement must include:

(1) The title of the election;

(2) The number of the precinct or voting
district;

(3) The number which identifies the mechanical
recording device and the storage device required pursuant to NRS 293B.084;

(4) The number of ballots voted on the
mechanical recording device for that day; and

(5) The number of signatures in the roster for
early voting for that day . [;
and

(6)
The number of voting receipts retained pursuant to NRS 293.3585 for that day.]

(b) Secure:

(1) The ballots pursuant to the plan for
security required by NRS 293.3594; and

(2) Each mechanical voting device in the manner
prescribed by the Secretary of State pursuant to NRS 293.3594.

2. At the close of the last voting day, the county
clerk shall deliver to the ballot board for early voting:

(a) The statements for all polling places for early
voting;

(b) [The voting receipts retained pursuant to NRS 293.3585;

(c)]
The voting rosters used for early voting;

[(d)](c) The storage device required pursuant to
NRS 293B.084 from each mechanical recording device used during the period for
early voting; and

[(e)](d) Any other items as determined by the
county clerk.

3. Upon receipt of the items set forth in subsection
2 at the close of the last voting day, the ballot board for early voting shall:

(a) Sort the items by precinct or voting district;

(b) Count the number of ballots voted by precinct or
voting district;

(c) Account for all ballots on an official statement
of ballots; and

(d) Place the items in the container provided to
transport those items to the central counting place and seal the container with
a numbered seal. The official statement of ballots must accompany the items to
the central counting place.

Sec. 39. NRS 293.3625 is hereby amended
to read as follows:

293.3625 The county clerk shall make a record of the
receipt at the central counting place of each sealed container used to
transport official ballots pursuant to NRS 293.304, 293.325, [293.3602,]
293B.330 and 293B.335. The record must include the numbers indicated on the
container and its seal pursuant to NRS 293.462.

Sec. 40. NRS 293.363 is hereby amended
to read as follows:

293.363 When the polls are closed, the counting board
shall prepare to count the ballots voted. The counting procedure must be public
and continue without adjournment until completed. If the ballots are paper
ballots ,[or
ballots which are voted by punching a card,] the counting
board shall prepare in the following manner:

1. [The pollbooks must be compared and errors corrected until the
books agree.

2.]
The container that holds the ballots, or the ballot box must be opened and the
ballots contained therein counted by the counting board and opened far enough
to ascertain whether each ballot is single. If two or more ballots are found
folded together to present the appearance of a single ballot, they must be laid
aside until the count of the ballots is completed. If[, on comparison of the
count with the pollbook,] a majority of the inspectors are
of the opinion that the ballots folded together were voted by one person, the
ballots must be rejected and placed in an envelope, upon which must be written
the reason for their rejection. The envelope must be signed by the counting
board officers and placed in the container or ballot box after the count is
completed.

[3.]2. If the ballots in the container or box are
found to exceed in number the number of names as are indicated on the [pollbooks,]roster as having voted, the
ballots must be replaced in the container or box, and a counting board officer,
with his back turned to the container or box, shall draw out a number of
ballots equal to the excess. The excess ballots must be marked on the back
thereof with the words Excess ballots not counted. The ballots
when so marked must be immediately sealed in an envelope and returned to the
county clerk with the other ballots rejected for any cause.

ballots when so marked must be immediately sealed in an
envelope and returned to the county clerk with the other ballots rejected for
any cause.

[4.]3. When it has been ascertained that [the
pollbook and] the number of ballots [agree]agrees with the
number of names of registered voters shown to have voted, the board shall
proceed to count. If there is a discrepancy between the number of ballots and
the number of voters, a record of the discrepancy must be made.

Sec. 41. NRS 293.367 is hereby amended
to read as follows:

293.367 1. The basic factor to be considered by an
election board when making a determination of whether a particular ballot must
be rejected is whether any identifying mark appears on the ballot which, in the
opinion of the election board, constitutes an identifying mark such that there
is a reasonable belief entertained in good faith that the ballot has been
tampered with and, as a result of the tampering, the outcome of the election
would be affected.

2. The regulations for counting ballots must include
provisions that:

(a) An error in marking one or more votes on a ballot
does not invalidate any votes properly marked on that ballot.

(b) A soiled or defaced ballot may not be rejected if
it appears that the soiling or defacing was inadvertent and was not done
purposely to identify the ballot.

(c) Only devices provided for in this chapter or
chapter 293B of NRS may be used in marking ballots.

(d) It is unlawful for any election board officer to
place any mark upon any ballot other than a spoiled ballot.

(e) When an election board officer rejects a ballot
for any alleged defect or illegality, the officer shall seal the ballot in an
envelope and write upon the envelope a statement that it was rejected and the
reason for rejecting it. Each election board officer shall sign the envelope.

[(f) In counties where mechanical voting systems are used
whereby a vote is cast by punching a card, a superfluous punch into any card
does not constitute grounds for rejection of the ballot unless the election
board determines that the condition of the ballot justifies its exclusion
pursuant to subsection 1.]

Sec. 42. NRS 293.3677 is hereby amended
to read as follows:

293.3677 1. When counting a vote in an election, if
more choices than permitted by the instructions for a ballot are marked for any
office or question, the vote for that office or question may not be counted.

2. [Except as otherwise provided in subsection 1, in an election
in which a paper ballot is used whereby a vote is cast by placing a cross in
the designated square on the paper ballot, a vote on the ballot must not be
counted unless indicated by a cross in the designated square.

3. Except
as otherwise provided in subsection 1, in an election in which a mechanical
voting system is used whereby a vote is cast by punching a card:

(a) A chip
on the card must be counted as a vote if:

(1)
The chip has at least one corner that is detached from the card; or

(2)
The fibers of paper on at least one edge of the chip are broken in a way that
permits unimpeded light to be seen through the card.

(b) A writing
or other mark on the card, including, without limitation, a cross, check, tear
or scratch, may not be counted as a vote. The remaining votes on such a card
must be counted unless the ballot is otherwise disqualified.

4.]
Except as otherwise provided in subsection 1, in an election in which a
mechanical voting system is used whereby a vote is cast by darkening a
designated space on the ballot:

(a) A vote must be counted if the designated space is
darkened or there is a writing in the designated space, including, without
limitation, a cross or check; and

(b) Except as otherwise provided in paragraph (a), a
writing or other mark on the ballot, including, without limitation, a cross,
check, tear or scratch may not be counted as a vote.

[5.]3. The Secretary of State:

(a) May adopt regulations establishing additional
uniform, statewide standards, not inconsistent with this section, for counting
a vote cast by a method of voting described in subsection 2 ; [, 3 or 4;]
and

(b) Shall adopt regulations establishing uniform,
statewide standards for counting a vote cast by each method of voting used in
this State that is not described in subsection 2, [3 or 4,]
including, without limitation, a vote cast on a mechanical recording device
which directly records the votes electronically.

Sec. 43. NRS 293.370 is hereby amended
to read as follows:

293.370 1. When all the votes have been [tallied,]counted, the
counting board officers shall enter on the tally lists by the name of each
candidate the number of votes he received. The number must be expressed in
words and figures. The vote for and against any question submitted to the
electors must be entered in the same manner.

2. The tally lists must show the number of votes,
other than absentee votes and votes in a mailing precinct, which each candidate
received in each precinct at:

(a) A primary election held in an even-numbered year;
or

(b) A general election.

Sec. 44. NRS 293.373 is hereby amended
to read as follows:

293.373 If paper ballots [or ballots which are
voted by punching a card] are used:

1. After the [tally lists]ballots have been [completed,]counted, the voted
ballots, rejected ballots, tally lists for regular ballots, tally list for
rejected ballots, challenge list, stubs of used ballots, spoiled ballots and
unused ballots must be sealed under cover by the counting board officers and
addressed to the county clerk.

2. The other [pollbooks,]rosters, tally lists
and election board register must be returned to the county clerk.

Sec. 45. NRS 293.384 is hereby amended
to read as follows:

293.384 1. [Beginning at 8 a.m. on
the day]Not
earlier than 4 working days before the [day of an]
election, the counting board, if it is responsible for counting absent ballots,
or the absent ballot central counting board shall withdraw all the ballots from
each ballot box or container that holds absent ballots received before that day
and ascertain that each box or container has the required number of ballots
according to the county clerks absent voters record.

2. The counting board or absent ballot central
counting board shall count the number of ballots in the same manner as election
boards.

Sec. 46. NRS
293.385 is hereby amended to read as follows:

293.385 1. [After 8 a.m. on election
day,]Each
day after the initial withdrawal of the ballots pursuant to NRS 293.384 and
before the day of the election, the counting board, if it is
responsible for counting absent ballots, or the absent ballot central counting
board shall withdraw from the appropriate ballot boxes or containers all the
ballots received the previous day and ascertain that each box or container has
the required number of ballots according to the county clerks absent voters
ballot record.

2. If any absent ballots are received by the county
clerk on election day pursuant to NRS 293.316, the county clerk shall deposit
the absent ballots in the appropriate ballot boxes or containers.

3. [After 8 a.m. on election day,]Not earlier than 4 working days before
the election, the appropriate board shall , [count]
in public , count the
votes cast on the absent ballots.

4. If paper ballots are used, the results of the
absent ballot vote in each precinct must be certified and submitted to the
county clerk who shall have the results added to the regular votes of the
precinct. [If a mechanical voting system is used in which a voter casts
his ballot by punching a card which is counted by a computer, the absent
ballots may be counted with the regular votes of the precinct.]
The returns of absent ballots must be reported separately from the regular
votes of the precinct, unless reporting the returns separately would violate
the secrecy of a voters ballot. The county clerks shall develop a procedure to
ensure that each ballot is kept secret.

5. Any person who disseminates to the public in any
way information pertaining to the count of absent ballots before the polls
close is guilty of a misdemeanor.

Sec. 47. NRS 293.391 is hereby amended
to read as follows:

293.391 1. The voted ballots, rejected ballots,
spoiled ballots, challenge lists, [voting receipts,]
records printed on paper of voted ballots collected pursuant to NRS 293B.400,
and stubs of the ballots used, enclosed and sealed, must, after canvass of the
votes by the board of county commissioners, be deposited in the vaults of the
county clerk. The records of voted ballots that are maintained in electronic
form must, after canvass of the votes by the board of county commissioners, be
sealed and deposited in the vaults of the county clerk. The tally lists [and
pollbooks] collected pursuant to NRS 293B.400 must, after
canvass of the votes by the board of county commissioners, be deposited in the
vaults of the county clerk without being sealed. All materials described by
this subsection must be preserved for at least 22 months, and all such sealed
materials must be destroyed immediately after the preservation period. A notice
of the destruction must be published by the clerk in at least one newspaper of
general circulation in the county not less than 2 weeks before the destruction.

2. Unused ballots, enclosed and sealed, must, after
canvass of the votes by the board of county commissioners, be deposited in the
vaults of the county clerk and preserved for at least the period during which
the election may be contested and adjudicated, after which the unused ballots
may be destroyed.

3. The [pollbooks]rosters containing the
signatures of those persons who voted in the election and the tally lists
deposited with the board of county commissioners are
subject to the inspection of any elector who may wish to examine them at any
time after their deposit with the county clerk.

county commissioners are subject to the inspection of any
elector who may wish to examine them at any time after their deposit with the
county clerk.

4. A contestant of an election may inspect all of the
material regarding that election which is preserved pursuant to subsection 1 or
2, except the voted ballots.

5. The voted ballots deposited with the county clerk
are not subject to the inspection of anyone, except in cases of a contested election, and
then only by the judge, body or board before whom the election is being
contested, or by the parties to the contest, jointly, pursuant to an order of
such judge, body or board.

Sec. 48. NRS 293.440 is hereby amended
to read as follows:

293.440 1. Any person who desires a copy of any list
of the persons who are registered to vote in any precinct, district or county
may obtain a copy by applying at the office of the county clerk and paying
therefor a sum of money equal to 1 cent per name on the list, except that one
copy of each original and supplemental list for each precinct, district or
county must be provided both to
the state [or]central committee of any major political party and to the county
central committee of any major political party [or], and to the executive
committee of any minor political party upon request, without charge.

2.
Except as otherwise provided in NRS 293.5002 and 293.558, the copy of the list
provided pursuant to this section must indicate the address, date of birth,
telephone number and the serial number on each application to register to vote.
If the county maintains this information in a computer database, the date of
the most recent addition or revision to an entry, if made on or after July 1,
1989, must be included in the database and on any resulting list of the
information. The date must be expressed numerically in the order of month, day
and year.

3. A county may not pay more than 10 cents per folio
or more than $6 per thousand copies for printed lists for a precinct or
district.

4. A county which has a system of computers capable
of recording information on magnetic tape or diskette shall, upon request of the
state central committee or
county central committee of any major political party or the executive
committee of any minor political party which has filed a certificate of
existence with the Secretary of State, record for [that]both the state central committee
and the county central committee [or]of the major political party, if
requested, and for the executive committee of the minor political party, if requested, on
magnetic tape or diskette supplied by it:

(a) The list of persons who are registered to vote and
the information required in subsection 2; and

(b) Not more than four times per year, as requested by
the state or county central
committee or the executive committee:

(1) A complete list of the persons who are
registered to vote with a notation for the most recent entry of the date on
which the entry or the latest change in the information was made; or

(2) A list that includes additions and
revisions made to the list of persons who are registered to vote after a date
specified by the state or county central
committee or the executive committee.

5. If a political party does not provide its own
magnetic tape or diskette, or if a political party requests the list in any
other form that does not require printing, the county clerk may charge a fee to
cover the actual cost of providing the tape, diskette or list.

6. Any state or county central committee of a major
political party, any executive committee of a minor political party or any
member or representative of such a central committee or executive committee who
receives without charge a list of the persons who are registered to vote in any
precinct, district or county pursuant to this section shall not:

(a) Use the list for any purpose that is not related
to an election; or

(b) Sell the list for compensation or other valuable
consideration.

Sec. 49. NRS 293.443 is hereby amended
to read as follows:

293.443 1. Except as otherwise provided in
subsection 3, the expense of providing all ballots, forms and other supplies to
be used at any election regulated by this chapter or chapter 293C of NRS and
all expenses necessarily incurred in the preparation for, or the conduct of,
any such election is a charge upon the municipality, county, district or State,
as the case may be.

2. The county or city clerk may submit the printing
of ballots for competitive bidding.

3. If a political party or other entity requests more
than 50 applications to register to vote by mail[,]in any 12-month period, the
clerk may assess a charge, not to exceed the cost of printing the applications . [, for each application
requested in excess of 50.]

Sec. 50. NRS 293.462 is hereby amended
to read as follows:

293.462 1. Each container used to transport official
ballots pursuant to NRS 293.304, 293.325, [293.3602,]
293B.330 and 293B.335 must:

(a) Be constructed of metal or any other rigid
material; and

(b) Contain a seal which is placed on the container to
ensure detection of any opening of the container.

2. The container and seal must be separately numbered
for identification.

Sec. 51. NRS 293.481 is hereby amended
to read as follows:

293.481 1. Except as otherwise provided in
subsection 2 or NRS 295.121 or 295.217, every governing body of a political
subdivision, public or quasi-public corporation, or other local agency
authorized by law to submit questions to the qualified electors or registered
voters of a designated territory, when the governing body decides to submit a
question:

(a) At a general election, shall provide to each
county clerk within the designated territory on or before the third Monday in
July preceding the election:

(1) A copy of the question, including an
explanation of the question;

(2) Arguments for and against the question; and

(3) If the question is an advisory question
that proposes a bond, tax, fee or expense, a fiscal note prepared by the
governing body in accordance with subsection 4 of NRS 293.482.

(b) At a primary election, shall provide to each
county clerk within the designated territory on or before the second Friday
after the first Monday in May preceding the election:

(1) A copy of the question, including an
explanation of the question;

(2) Arguments for and against the question; and

(3) If the question is an advisory question
that proposes a bond, tax, fee or expense, a fiscal note prepared by the
governing body in accordance with subsection 4 of NRS 293.482.

(c) At any election other than a primary or general
election at which the county clerk gives notice of the election or otherwise
performs duties in connection therewith other than the
registration of electors and the making of records of registered voters
available for the election, shall provide to each county clerk at least 60 days
before the election:

connection therewith other than the registration of electors
and the making of records of registered voters available for the election,
shall provide to each county clerk at least 60 days before the election:

(1) A copy of the question, including an
explanation of the question;

(2) Arguments for and against the question; and

(3) If the question is an advisory question
that proposes a bond, tax, fee or expense, a fiscal note prepared by the
governing body in accordance with subsection 4 of NRS 293.482.

(d) At any city election at which the city clerk gives
notice of the election or otherwise performs duties in connection therewith,
shall provide to the city clerk at least 60 days before the election:

(1) A copy of the question, including an
explanation of the question;

(2) Arguments for and against the question; and

(3) If the question is an advisory question
that proposes a bond, tax, fee or expense, a fiscal note prepared by the
governing body in accordance with subsection 4 of NRS 293.482.

2. A question may be submitted after the dates
specified in subsection 1 if the question is expressly privileged or required
to be submitted pursuant to the provisions of Article 19 of the Constitution of
the State of Nevada, or pursuant to the provisions of chapter 295 of NRS or any
other statute except NRS 293.482, 354.59817, 354.5982, 387.3285 or 387.3287 or
any statute that authorizes the governing body to issue bonds upon the approval
of the voters.

3. A
question that is submitted pursuant to subsection 1 may be withdrawn if the
governing body provides notification to each of the county or city clerks
within the designated territory of its decision to withdraw the particular
question on or before the same dates specified for submission pursuant to
paragraph (a), (b), (c) or (d) of subsection 1, as appropriate.

4. A
county or city clerk [may]:

(a) Shall
assign a unique identification number to a question submitted pursuant to this
section; and

(b) May charge
any political subdivision, public or quasi-public corporation, or other local
agency which submits a question a reasonable fee sufficient to pay for the
increased costs incurred in including the question, explanation, arguments and
fiscal note on the ballot.

Sec. 52. NRS 293.507 is hereby amended
to read as follows:

293.507 1. The Secretary of State shall prescribe:

(a) A standard form for applications to register to
vote; [and]

(b) A special form for registration to be used in a
county where registrations are performed and records of registration are kept
by computer[.] ; and

(c) A
standard form for the affidavit described in subsection 5.

2. The county clerks shall provide forms for
applications to register to vote to field registrars in the form and number
prescribed by the Secretary of State.

3. Each form for an application to register to vote
must include a:

(a) Unique control number assigned by the Secretary of
State; and

(b) Receipt which:

(1) Includes a space for a person assisting [a
voter]an
applicant in completing the form to enter his name; and

(1) The number indicated on the [voters]applicants current
and valid drivers license issued by the Department of Motor Vehicles, if the [voter]applicant has such a
drivers license;

(2) The last four digits of the [voters]applicants social
security number, if the [voter]applicant does not have a drivers license
issued by the Department of Motor Vehicles and does have a social security
number; or

(3) The number issued to the [voter]applicant pursuant
to subsection 5, if the [voter]applicant does not have a current and valid
drivers license issued by the Department of Motor Vehicles or a social
security number.

(b) A line on which to enter the address at which the [voter]applicant actually
resides, as set forth in NRS 293.486.

(c) A notice that the [voter]applicant may not
list a business as the address required pursuant to paragraph (b) unless he
actually resides there.

(d) A line on which to enter an address at which the [voter]applicant may
receive mail, including, without limitation, a post office box or general
delivery.

5. If [a voter]an applicant does not have the identification
set forth in subparagraph (1) or (2) of paragraph (a) of subsection 4, the [voter]applicant shall sign
an affidavit stating that he does not have a current and valid drivers license
issued by the Department of Motor Vehicles or a social security number. Upon
receipt of the affidavit, the county clerk shall issue an identification number
to the [voter]applicant which must be the same number as the
unique identifier assigned to the [voter]applicant for
purposes of the statewide voter registration list.

6. The Secretary of State shall adopt regulations to
carry out the provisions of subsections 3, 4 and 5.

Sec. 53. NRS 293.517 is hereby amended
to read as follows:

293.517 1. Any elector residing within the county
may register:

(a) Except as otherwise provided in NRS 293.560 and
293C.527, by appearing before the county clerk, a field registrar or a voter
registration agency, completing the application to register to vote, giving
true and satisfactory answers to all questions relevant to his identity and
right to vote, and providing proof of his residence and identity;

(b) By completing and mailing or personally delivering
to the county clerk an application to register to vote pursuant to the
provisions of NRS 293.5235;

(c) Pursuant to the provisions of NRS 293.501 or
293.524; or

(d) At his residence with the assistance of a field
registrar pursuant to NRS 293.5237.

Ê The county
clerk shall require a person to submit official identification as proof of
residence and identity, such as a drivers license or other official document,
before registering him. If the applicant registers to vote pursuant to this
subsection and fails to provide proof of his residence and identity, the
applicant must provide proof of his residence and identity before casting a
ballot in person or by mail or after casting a provisional ballot pursuant to
NRS 293.3081 or 293.3083.

2. The application to register to vote must be signed
and verified under penalty of perjury by the elector registering.

3. Each elector who is or has been married must be
registered under his own given or first name, and not under the given or first
name or initials of his spouse.

4. An elector who is registered and changes his name
must complete a new application to register to vote. He may obtain a new
application:

(a) At the office of the county clerk or field
registrar;

(b) By submitting an application to register to vote
pursuant to the provisions of NRS 293.5235;

(c) By submitting a written statement to the county
clerk requesting the county clerk to mail an application to register to vote;
or

(d) At any voter registration agency.

Ê If the
elector fails to register under his new name, he may be challenged pursuant to the
provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of
identity and subsequent change of name.

5. [An]Except as otherwise provided in subsection 7, an elector
who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed
to be registered upon the completion of his application to register to vote.

6. After the county clerk determines that the
application to register to vote of a person is complete and that the person is
eligible to vote[,]pursuant to NRS 293.485, he
shall issue a voter registration card to the voter which contains:

(a) The name, address, political affiliation and
precinct number of the voter;

(b) The date of issuance; and

(c) The signature of the county clerk.

7. If an
elector submits an application to register to vote or an affidavit described in
paragraph (c) of subsection 1 of NRS 293.507 that contains any handwritten
additions, erasures or interlineations, the county clerk may object to the
application to register to vote if he believes that because of such handwritten
additions, erasures or interlineations, the application to register to vote of
the elector is incomplete or that the elector is not eligible to vote pursuant
to NRS 293.485. If the county clerk objects pursuant to this subsection, he
shall immediately notify the elector and the district attorney of the county.
Not later than 5 business days after the district attorney receives such
notification, the district attorney shall advise the county clerk whether:

(a) The
application to register to vote of the elector is complete and the elector is
eligible to vote pursuant to NRS 293.485; and

(b) The
county clerk should proceed to process the application to register to vote.

Ê If the District Attorney advises
the county clerk to process the application to register to vote, the county
clerk shall immediately issue a voter registration card to the applicant
pursuant to subsection 6.

Sec. 54. NRS 293.547 is hereby amended
to read as follows:

293.547 1. After the 30th day but not later than the
25th day before any election, a written challenge may be filed with the county
clerk.

2. A registered voter may file a written challenge
if:

(a) He is registered to vote in the same precinct [or
district] as the person whose right to vote is challenged;
[or] and

(b) The challenge is based on the personal knowledge
of the registered voter.

3. The challenge must be signed and verified by the
registered voter and name the person whose right to vote is challenged and the
ground of the challenge.

4. A challenge filed pursuant to this section must
not contain the name of more than one person whose right to vote is challenged.
The county clerk shall not accept for filing any challenge which contains more
than one such name.

5. The county clerk shall:

(a) File the challenge in the registrar of voters
register and:

(1) In counties where records of registration
are not kept by computer, he shall attach a copy of the challenge to the
challenged registration in the election board register.

(2) In counties where records of registration
are kept by computer, he shall have the challenge printed on the computer entry
for the challenged registration and add a copy of it to the election board
register.

(b) Within 5 days after a challenge is filed, mail a
notice in the manner set forth in NRS 293.530 to the person whose right to vote
has been challenged pursuant to this section informing him of the challenge. If
the person fails to respond or appear to vote within the required time, the
county clerk shall cancel his registration. A copy of the challenge and
information describing how to reregister properly must accompany the notice.

(c) Immediately notify the district attorney. A copy
of the challenge must accompany the notice.

6. Upon receipt of a notice pursuant to this section,
the district attorney shall investigate the challenge within 14 days and, if
appropriate, cause proceedings to be instituted and prosecuted in a court of
competent jurisdiction without delay. The court shall give such proceedings
priority over other civil matters that are not expressly given priority by law.
Upon court order, the county clerk shall cancel the registration of the person
whose right to vote has been challenged pursuant to this section.

Sec. 55. NRS 293B.032 is hereby amended
to read as follows:

293B.032 Mechanical recording device means a device[:

1. Which]which mechanically
or electronically compiles a total of the number of votes cast for each
candidate and for or against each measure voted on . [; or

2. To
which a list of offices and candidates and the statements of measures to be
voted on may be affixed and into which a card may be inserted so that the votes
cast for each candidate and for or against each measure may be indicated by
punching the card with reference to the list.]

Sec. 56. NRS 293B.033 is hereby amended
to read as follows:

293B.033 Mechanical voting system means a system of
voting whereby a voter may cast his vote:

1. On a device which mechanically or electronically
compiles a total of the number of votes cast for each candidate and for or
against each measure voted on; or

2. By [punching a card or] marking a paper
ballot which is subsequently counted on an electronic tabulator, counting
device or computer.

(2) Can be removed from the mechanical
recording device for the purpose of transporting the ballots stored therein to
a central counting place; and

(3) Bears the same number as the mechanical
recording device.

(c) Be designed in such a manner that voted ballots
may be stored within the mechanical recording device and the storage device
required pursuant to paragraph (b) at the same time.

(d) Be capable of providing a record printed on paper
of:

(1) Each ballot voted on the mechanical
recording device; and

(2) The total number of votes recorded on the
mechanical recording device for each candidate and for or against each measure.

2. The paper record described in paragraph (d) of
subsection 1 must[:

(a) Be]be printed and made
available for a manual audit, as [necessary; and

(b) Be
printed and serve as an official record for a recount, as]
necessary.

Sec. 58. NRS 293B.103 is hereby amended
to read as follows:

293B.103 [1. If a mechanical
voting system is used whereby votes are cast by punching a card:

(a) The
cards to be used must have two detachable stubs.

(b) Each
of the stubs attached to a particular card must bear the number of that card.

(c) One of
the stubs must be detached and given to the voter when he returns his voted
ballot, and the other stub must be retained by the election board.

2.]
If a mechanical voting system is used whereby votes are directly recorded
electronically[:

(a) A], a voting receipt [which
has two parts must]may be used.

[(b) Each part of the voting receipt must bear the same number
for identification.

(c) One
part of the voting receipt must be given to the voter when he votes and the
other part of the voting receipt must be retained by the election board.]

Sec. 59. NRS 293B.155 is hereby amended
to read as follows:

293B.155 1. The tests prescribed by NRS 293B.150 and
293B.165 must be conducted by processing a preaudited group of logic and
accuracy test ballots so [punched,] voted or marked as to record a
predetermined number of valid votes for each candidate and on each measure, and
must include for each office one or more ballots which have votes in excess of
the number allowed by law in order to test the ability of the mechanical
recording device or the automatic tabulating equipment and programs to reject
those votes.

2. If any error is detected, the cause therefor must
be ascertained and corrected and an errorless count must be made before the mechanical
recording device or the automatic tabulating equipment and programs are
approved.

3. When satisfied with the accuracy of the mechanical
recording device or automatic tabulating equipment and computer program, the
accuracy certification board and the county or city clerk shall date and sign
all reports, and seal the program, if any, and the reports and all test
material in an appropriate container. The container must be kept sealed by the
clerk.

4. Except as otherwise provided in this subsection,
the contents of such a sealed container are not subject to the inspection of
anyone except in the case of a contested election, and
then only by the judge, body or board before whom the election is being
contested, or by the parties to the contest, jointly, pursuant to an order of
that judge, body or board.

case of a contested election, and then only by the judge, body
or board before whom the election is being contested, or by the parties to the
contest, jointly, pursuant to an order of that judge, body or board. For the
period set forth in NRS 293.413 during which a candidate may file a statement
of contest, the results of the test must be made available in the clerks
office for public inspection.

Sec. 60. NRS 293B.300 is hereby amended
to read as follows:

293B.300 1. In a primary election, a member of the
election board for a precinct shall issue each partisan voter a ballot which
contains a distinctive code associated with the major political party of the
voter and on which is clearly printed the name of the party.

2. If a mechanical voting system is used in a primary
election whereby votes are directly recorded electronically, a member of the
election board shall, if the clerk
uses voting receipts, in addition to the ballot described in
subsection 1, issue each partisan voter a voting receipt on which is clearly
printed the name of the major political party of the voter.

3. The member of the election board shall direct the
partisan voter to a mechanical recording device containing the list of offices
and candidates arranged for the voters major political party in the manner
provided in NRS 293B.190.

Sec. 61. NRS 293B.305 is hereby amended
to read as follows:

293B.305 Unless a major political party allows a
nonpartisan voter to vote for its candidates:

1. In a primary election, a member of the election
board for a precinct shall issue each nonpartisan voter a ballot with a
distinctive code and printed designation identifying it as a nonpartisan
ballot.

2. If a mechanical voting system is used in a primary
election whereby votes are directly recorded electronically, a member of the
election board shall, if the clerk
uses voting receipts, in addition to the ballot described in
subsection 1, issue the nonpartisan voter a voting receipt with a printed
designation identifying it as a nonpartisan ballot.

3. The member of the election board shall:

(a) Direct the nonpartisan voter to a mechanical
recording device containing a list of offices and candidates setting forth only
the nonpartisan ballot; or

(b) Direct the nonpartisan voter to a mechanical
recording device containing a list of offices and candidates arranged for a
partisan ballot, instruct the voter to vote only the nonpartisan section of the
list and advise the voter that any votes he may cast in the partisan section
will not be counted . [;
or

(c) Issue
a nonpartisan ballot attached to a sheet of foam plastic or similar backing
material, a punching instrument, a sample nonpartisan ballot and an instruction
sheet to the nonpartisan voter and instruct him to punch his ballot by
reference to the sample ballot.]

Sec. 62. NRS
293B.330 is hereby amended to read as follows:

293B.330 1. Upon closing of the polls, the election
board shall:

(a) Secure all mechanical recording devices against
further voting.

(b) [If a mechanical voting system is used whereby votes are cast
by punching a card:

(3)
Place all official ballots, the ballot statement and any other records, reports
and materials as directed by the county clerk into the container provided by
him to transport those items to a central counting place and seal the
container.

(c)]
If a mechanical voting system is used whereby votes are directly recorded
electronically:

(1) Ensure that each mechanical recording
device:

(I) Provides a record printed on paper of
the total number of votes recorded on the device for each candidate and for or
against each measure; and

(II) Transfers the ballots voted on that
device to the storage device required pursuant to NRS 293B.084.

(2) Count the number of ballots voted at the
polling place.

(3) Account for all ballots on the statement of
ballots.

(4) Place all records printed on paper provided
by the mechanical recording devices, all storage devices which store the
ballots voted on the mechanical recording devices, and any other records,
reports and materials as directed by the county clerk into the container
provided by him to transport those items to a central counting place and seal
the container.

[(d)](c) Record the number of voters on a form
provided by the county clerk.

2. If a difference exists between the number of
voters and the number of ballots voted, the election board shall report the
difference and any known reasons for the difference, in writing, to the county
clerk.

3. After closing the polls, the election board shall:

(a) Compare the quantity of the supplies furnished by
the county clerk with the inventory of those supplies; and

(b) Note any shortages.

4. The county clerk shall allow members of the
general public to observe the handling of the ballots pursuant to subsection 1
if those members do not interfere with the handling of the ballots.

Sec. 63. NRS 293B.365 is hereby amended
to read as follows:

293B.365 The central ballot inspection board shall:

1. Receive the ballots in sealed containers.

2. Inspect the containers, record the number
indicated on each container and its seal pursuant to NRS 293.462 and remove the
[ballots or] storage devices which store
the ballots voted on mechanical recording devices which directly record votes
electronically.

3. Register the numbers of ballots by precinct.

4. Deliver any damaged paper ballots to the ballot duplicating board . [, if the ballots were
voted by punching a card.]

5. Receive duplicates of damaged paper ballots from the ballot duplicating
board and place the duplicates with the voted ballots of the appropriate precinct
. [,
if the ballots were voted by punching a card.]

6. Place each damaged original paper ballot in a separate envelope and note
on the outside of the envelope the appropriate number of the precinct . [, if the ballot was voted
by punching a card.]

7. Reject any paper ballot that has been marked in a way
that identifies the voter.

8. Place each rejected paper ballot in a separate envelope and note
on the outside of the envelope the appropriate number of the precinct and the
reason for the boards rejection of the ballot . [, if the ballot was voted
by punching a card.]

(1)
The chip has at least one corner that is detached from the card; or

(2)
The fibers of paper on at least one edge of the chip are broken in a way that
permits unimpeded light to be seen through the card; or

(b) Duplicate
the card without punching the location of the incompletely punched chip if:

(1)
The chip does not have at least one corner that is detached from the card; and

(2)
The fibers of paper on no edge of the chip are broken in a way that permits
unimpeded light to be seen through the card.

5.]3. Record the
serial number of the duplicate ballot on the damaged original ballot and return
the damaged and duplicate ballots to the appropriate ballot inspection board.

[6.]4. Hold aside the duplicated ballots for counting
after all other ballots are counted if this procedure is directed by the county
clerk.

Sec. 65. NRS 293C.220 is hereby amended
to read as follows:

293C.220 1. The city clerk shall appoint and notify
registered voters to act as election board officers for the various precincts
and districts in the city as provided in NRS 293.225, 293.227, 293C.227 to [293C.250,]293C.245, inclusive,
and 293C.382 . [,
and shall conclude those duties not later than 31 days before the election.]
No candidate for nomination or election or his relative within the second
degree of consanguinity or affinity may be appointed as an election board
officer. Immediately after election board officers are appointed, if requested
by the city clerk, the chief law enforcement officer of the city shall:

(a) Appoint an officer for each polling place in the
city and for the central election board or the absent ballot central counting
board; or

(b) Deputize, as an officer for the election, an
election board officer for each polling place and for the central election
board or the absent ballot central counting board. The deputized officer may
not receive any additional compensation for the services he provides as an
officer during the election for which he is deputized.

Ê Officers so
appointed and deputized shall preserve order during hours of voting and attend
the closing of the polls.

2. The city clerk may appoint a trainee for the
position of election board officer as set forth in NRS 293C.222.

Sec. 66. NRS 293C.230 is hereby amended
to read as follows:

293C.230 [1. In precincts or
districts in a city where there are less than 200 registered voters and paper
ballots are used, the election board shall perform
all duties required from the time of preparing for the opening of the polls
through delivering the supplies and result of votes cast to the city clerk.

perform all
duties required from the time of preparing for the opening of the polls through
delivering the supplies and result of votes cast to the city clerk.

2.]
Except as otherwise provided in NRS 293C.240, one election board must be
appointed by the city clerk for all mailing precincts within the city and must
be designated the central election board. The city clerk shall deliver the
mailed ballots to that board in his office and the board shall count the votes
on those ballots in the manner required by law.

Sec. 67. NRS 293C.256 is hereby amended
to read as follows:

293C.256 An absent ballot for a city election or a
ballot for a city election voted by a voter who resides in a mailing precinct
must be voted on a paper ballot .[or a ballot which is voted by punching a card.]

Sec. 68. NRS 293C.261 is hereby amended
to read as follows:

293C.261 1. A ballot prepared for use in a city
election must be dated and marked in such a manner as to indicate clearly at
which city election the ballot will be used.

2. If a ballot includes a detachable stub, both the
ballot and the stub must include the date of the city election and indicate
clearly at which city election the ballot will be used.

3. If a ballot includes a voting receipt ,[which has two parts, each
part of] the voting receipt must include the date of the
city election and indicate clearly at which city election the [ballot
will be used.]
voter cast his ballot.

Sec. 69. NRS 293C.275 is hereby amended
to read as follows:

293C.275 [1.]
A registered voter who applies to vote must state his name to the election
board officer in charge of the election board register, and the officer shall
immediately announce the name and take the registered voters signature. [After
a registered voter is properly identified at a polling place where paper
ballots are used, one ballot correctly folded, must be given to the voter and
the number of the ballot must be written by an election board officer upon the
pollbook, opposite the name of the registered voter receiving the ballot.

2. In
pollbooks in which the names of the voters have been entered, election officers
may indicate the application to vote without writing the name.]

Sec. 70. NRS 293C.285 is hereby amended
to read as follows:

293C.285 [1. Except as otherwise provided
in subsection 2:

(a) Any
voter who spoils his ballot may return the spoiled ballot to the election board
and receive another in its place.

(b) The
election board officers shall indicate in the pollbook that the ballot is
spoiled and shall enter the number of the ballot issued in its place.

(c) Each
spoiled ballot returned must be cancelled by writing the word Cancelled
across the back of the ballot. A spoiled paper ballot must be cancelled without
unfolding it.

(d) A
record must be made of those cancelled ballots at the closing of the polls and
before counting. The ballots must be placed in a separate envelope and returned
to the city clerk with the election supplies.

2. If
ballots that are voted on a]A mechanical recording device which directly
records [the] votes electronically [are
used,]must
allow the voter [must be able] to change his vote before
the mechanical recording device permanently records that vote.

Sec. 71. NRS 293C.295 is hereby amended
to read as follows:

293C.295 1. If a person is successfully challenged
on the ground set forth in paragraph (a) of subsection 2 of NRS 293C.292 or if
a person refuses to provide an affirmation pursuant to
NRS 293C.525, the election board shall instruct the voter that he may vote only
at the special polling place in the manner set forth in this section.

to provide an affirmation pursuant to NRS 293C.525, the
election board shall instruct the voter that he may vote only at the special
polling place in the manner set forth in this section.

2. The city clerk shall maintain at least one special
polling place at such locations as he deems necessary during each election. The
ballots voted at the special polling place must be kept separate from the
ballots of voters who have not been so challenged or who have provided an
affirmation pursuant to NRS 293C.525 in[:

(a) A
special ballot box if the ballots are paper ballots or ballots that are voted
by punching a card; or

(b) A]a special sealed
container if the ballots are ballots that are voted on a mechanical recording
device which directly records the votes electronically.

3. A person who votes at a special polling place may
place his vote only for the following offices and questions:

(a) All officers for whom all voters in the city may
vote; and

(b) Questions that have been submitted to all voters
of the city.

4. The ballots voted at the special polling place
must be counted when other ballots are counted and[:

(a) If the
ballots are paper ballots or ballots that are voted by punching a card,
maintained in a separate ballot box; or

(b) If], if the ballots are
ballots that are voted on a mechanical recording device that directly records
the votes electronically, maintained in a separate sealed container[,

Ê] until any
contest of election is resolved or the date for filing a contest of election
has passed, whichever is later.

Sec. 72. NRS 293C.322 is hereby amended
to read as follows:

293C.322 1. Except as otherwise provided in
subsection 2, if the request for an absent ballot is made by mail or facsimile
machine, the city clerk shall, as soon as the official absent ballot for the
precinct or district in which the applicant resides has been printed, send to
the voter by first-class mail or
by any class of mail if the Official Election Mail logo or an equivalent logo
or mark created by the United States Postal Service is properly placed on the
official absent ballot, if the absent voter is within the
boundaries of the United States, its territories or possessions or on a
military base, or by air mail if the absent voter is in a foreign country but
not on a military base:

(a) [Except as otherwise provided in paragraph (b):

(1)]
An absent ballot;

[(2)](b) A return envelope;

[(3) Supplies for marking the ballot;

(4)](c) An envelope or
similar device into which the ballot is inserted to ensure its secrecy; and

[(5) Instructions.

(b) In
those cities using a mechanical voting system whereby a vote is cast by
punching a card:

(1)
A card attached to a sheet of foam plastic or similar backing material;

(5)
An envelope or similar device into which the card is inserted to ensure its
secrecy; and

(6)](d) Instructions.

2. If the city clerk fails to send an absent ballot
pursuant to subsection 1 to a voter who resides within the continental United States, the city clerk may use a facsimile machine to send an absent ballot and
instructions to the voter. The voter shall mail his absent ballot to the city
clerk.

3. The return envelope sent pursuant to subsection 1
must include postage prepaid by first-class mail if the absent voter is within
the boundaries of the United States, its territories or possessions or on a
military base.

4. Nothing may be enclosed or sent with an absent
ballot except as required by subsection 1 or 2.

5. Before depositing a ballot with the United States
Postal Service or sending a ballot by facsimile machine, the city clerk shall
record the date the ballot is issued, the name of the registered voter to whom
it is issued, his precinct or district, the number of the ballot and any
remarks he finds appropriate.

6. The Secretary of State shall adopt regulations to
carry out the provisions of subsection 2.

Sec. 73. NRS 293C.325 is hereby amended
to read as follows:

293C.325 1. Except as otherwise provided in [subsections]subsection 2 ,[and 3,]
when an absent ballot is returned by a registered voter to the city clerk
through the mails[,]or in person, and
record thereof is made in the absent ballot record book, the city clerk shall
neatly stack, unopened, the absent ballot with any other absent ballot received
that day in a container and deliver, or cause to be delivered, that container
to the precinct or district election board.

2. If [the city clerk has appointed] an absent
ballot central counting board[,
the city clerk shall, upon receipt of each absent voters ballot, make a record
of the return and check the signature on the return envelope against the
original signature of the voter on the county clerks register. If the city
clerk determines that the absent voter is entitled to cast his ballot, he shall
deposit the ballot in the proper ballot box. At the end of each day before
election day, the city clerk may remove the ballots from each ballot box and
neatly stack the ballots in a container. Except as otherwise provided in
subsection 3, on election day the city clerk shall deliver the ballot box and,
if applicable, each container to the absent ballot counting board to be
counted.

3. If the
city uses a mechanical voting system, the city clerk shall, upon receipt of
each absent voters ballot, make a record of the return and]has been appointed, when an absent
ballot is returned by a registered voter to the county clerk through the mails
or in person, the county clerk shall check the signature on the
return envelope against the original signature of the county clerks register.
If the city clerk determines that the absent voter is entitled to cast his
ballot, he shall deposit the ballot in the proper ballot box or place the
ballot, unopened, in a container that must be securely locked or under the
control of the city clerk at all times. At the end of each day before election
day, the city clerk may remove the ballots from each ballot box, neatly stack
the ballots in a container and seal the container with a numbered seal. [Except
as otherwise provided in this subsection, on election day the city clerk shall
deliver the ballot box and each container, if applicable, to the central
counting place. If the city uses a mechanical voting system and the city clerk
has appointed an absent ballot central counting board, the city clerk may, not] Not earlier than 4 working days before the
election, the county clerk shall deliver the ballots to the absent ballot
central counting board to be processed and prepared for [tabulation] counting
pursuant to the procedures established by the Secretary of State [.]

clerk may, not]Not earlier than 4
working days before the election, the
county clerk shall deliver the ballots to the absent ballot
central counting board to be processed and prepared for [tabulation]counting pursuant to
the procedures established by the Secretary of State[.] to ensure the confidentiality of the
prepared ballots until after the polls have closed pursuant to NRS 293C.267 or
293C.297.

Sec. 74. NRS 293C.330 is hereby amended
to read as follows:

293C.330 1. Except as otherwise provided in NRS
293C.315 and subsection 2 of NRS 293C.322 and any regulations adopted pursuant
thereto, when an absent voter receives his ballot, he must mark and fold it[, if it is a paper
ballot, or punch it, if the ballot is voted by punching a card,]
in accordance with the instructions, deposit it in the return envelope, seal
the envelope, affix his signature on the back of the envelope in the space
provided therefor and mail the return envelope.

2. Except as otherwise provided in subsection 3, if
an absent voter who has requested a ballot by mail applies to vote the ballot
in person at:

(a) The office of the city clerk, he must mark [or
punch] the ballot, seal it in the return envelope and
affix his signature in the same manner as provided in subsection 1, and deliver
the envelope to the city clerk.

(b) A polling place, including, without limitation, a
polling place for early voting, he must surrender the absent ballot and provide
satisfactory identification before being issued a ballot to vote at the polling
place. A person who receives a surrendered absent ballot shall mark it
Cancelled.

3. If an absent voter who has requested a ballot by
mail applies to vote in person at the office of the city clerk or a polling
place, including, without limitation, a polling place for early voting, and the
voter does not have the absent ballot to deliver or surrender, the voter must
be issued a ballot to vote if the voter:

(a) Provides satisfactory identification;

(b) Is a registered voter who is otherwise entitled to
vote; and

(c) Signs an affirmation under penalty of perjury on a
form prepared by the Secretary of State declaring that the voter has not voted
during the election.

4. Except as otherwise provided in NRS 293C.317, it
is unlawful for any person to return an absent ballot other than the voter who
requested the absent ballot or, at the request of the voter, a member of his
family. A person who returns an absent ballot and who is a member of the family
of the voter who requested the absent ballot shall, under penalty of perjury,
indicate on a form prescribed by the city clerk that he is a member of the
family of the voter who requested the absent ballot and that the voter requested
that he return the absent ballot. A person who violates the provisions of this
subsection is guilty of a category E felony and shall be punished as provided
in NRS 193.130.

Sec. 75. NRS
293C.332 is hereby amended to read as follows:

293C.332 On the day of an election, the precinct or
district election boards receiving the absent voters ballots from the city
clerk shall, in the presence of a majority of the election board officers,
remove the ballots from the ballot box and the containers in which the ballots
were transported pursuant to NRS 293C.325 and deposit the ballots in the
regular ballot box in the following manner:

1. The name of the voter, as shown on the return
envelope, must be called and checked as if the voter were voting in person;

2. The signature on the back of the return envelope
must be compared with that on the original application to register to vote;

3. If the board determines that the absent voter is
entitled to cast his ballot, the envelope must be opened, the numbers on the
ballot and envelope compared, the number strip or stub detached from the ballot
and, if the numbers are the same, the ballot deposited in the regular ballot
box; and

4. The election board officers shall mark in the [pollbook]roster opposite the
name of the voter the word Voted.

Sec. 76. NRS 293C.347 is hereby amended
to read as follows:

293C.347 1. The city clerk shall:

(a) Make certain of the names and addresses of all
voters registered to vote in mailing precincts and absent ballot mailing
precincts;

(b) Enroll the name and address of each voter found
eligible to vote in those precincts in the mailing precinct record book;

293C.356 1. If a request is made to vote early by a
registered voter in person, the city clerk shall issue a ballot for early
voting to the voter. Such a ballot must be voted on the premises of the clerks
office and returned to the clerk. [If the ballot is a paper
ballot or a ballot which is voted by punching a card, the clerk shall follow
the same procedure as in the case of absent ballots received by mail.]

2. On the dates for early voting prescribed in NRS
293C.3568, each city clerk shall provide a voting booth, with suitable
equipment for voting, on the premises of his office for use by registered voters
who are issued ballots for early voting in accordance with this section.

Sec. 79. NRS 293C.3568 is hereby
amended to read as follows:

293C.3568 1. The period for early voting by personal
appearance begins the third Saturday preceding a primary city election or
general city election, and extends through the Friday before election day,
Sundays and holidays excepted.

2. The city clerk may:

(a) Include any Sunday or holiday that falls within
the period for early voting by personal appearance.

(b) Require a permanent polling place for early voting
to remain open until 8 p.m. on any Saturday that falls within the period for
early voting.

3. A permanent polling place for early voting must
remain open:

(a) On Monday through Friday:

(1) During the first week of early voting, from
8 a.m. until 6 p.m.

(2) During the second week of early voting,
from 8 a.m. until 6 p.m. , or
until 8 p.m. if the city clerk so requires.

(b) On any Saturday that falls within the period for
early voting, [from]for at least 4 hours between 10 a.m. [until]and 6 p.m.

(c) If the city clerk includes a Sunday that falls
within the period for early voting pursuant to subsection 2, during such hours
as he may establish.

Sec. 80. NRS 293C.3585 is hereby
amended to read as follows:

293C.3585 1. Upon the appearance of a person to cast
a ballot for early voting, the deputy clerk for early voting shall:

(a) Determine that the person is a registered voter in
the county;

(b) Instruct the voter to sign the roster for early
voting; and

(c) Verify the signature of the voter against that
contained on the original application to register to vote or facsimile thereof,
the card issued to the voter at the time of registration or some other piece of
official identification.

2. The city clerk shall prescribe a procedure,
approved by the Secretary of State, to determine that the voter has not already
voted pursuant to this section.

3. The roster for early voting must contain:

(a) The voters name, the address where he is
registered to vote, his voter identification number and a place for the voters
signature;

(b) The voters precinct or voting district number;
and

(c) The date of voting early in person.

4. When a voter is entitled to cast his ballot and
has identified himself to the satisfaction of the deputy clerk for early
voting, he is entitled to receive the appropriate ballot or ballots, but only
for his own use at the polling place for early voting.

5. [If the ballot is voted by punching a card, the deputy clerk
for early voting shall:

(a) Ensure
that the voters precinct or voting district and the form of ballot are
indicated on the card;

(b) Direct
the voter to the appropriate mechanical recording device for his form of
ballot; and

(c) Allow
the voter to place his voted ballot in the ballot box.

6.]
If the ballot is voted on a mechanical recording device which directly records
the votes electronically, the deputy clerk for early voting shall:

(a) Prepare the mechanical recording device for the
voter;

(b) Ensure that the voters precinct or voting
district and the form of ballot are indicated on [each part of]
the voting receipt[;

(c) Retain
one part of the voting receipt for the election board and return the other part
of the voting receipt to the voter; and

(d)], if the city clerk uses voting
receipts; and

(c) Allow
the voter to cast his vote.

[7.]6. A voter applying to vote early by personal
appearance may be challenged pursuant to NRS 293C.292.

Sec. 81. NRS 293C.3604 is hereby
amended to read as follows:

293C.3604 If ballots which are voted on a mechanical
recording device which directly records the votes electronically are used
during the period for early voting by personal appearance in an election other
than a presidential preference primary election:

1. At the close of each voting day the election board
shall:

(a) Prepare and sign a statement for the polling place.
The statement must include:

(1) The title of the election;

(2) The number of the precinct or voting
district;

(3) The number which identifies the mechanical
recording device and the storage device required pursuant to NRS 293B.084;

(4) The number of ballots voted on the
mechanical recording device for that day; and

(5) The number of signatures in the roster for
early voting for that day . [;
and

(6)
The number of voting receipts retained pursuant to NRS 293C.3585 for that day.]

(b) Secure:

(1) The ballots pursuant to the plan for
security required by NRS 293C.3594; and

(2) Each mechanical voting device in the manner
prescribed by the Secretary of State pursuant to NRS 293C.3594.

2. At the close of the last voting day, the city
clerk shall deliver to the ballot board for early voting:

(a) The statements for all polling places for early
voting;

(b) [The voting receipts retained pursuant to NRS 293C.3585;

(c)]
The voting rosters used for early voting;

[(d)](c) The storage device required pursuant to
NRS 293B.084 from each mechanical recording device used during the period for
early voting; and

[(e)](d) Any other items as determined by the city
clerk.

3. Upon receipt of the items set forth in subsection
2 at the close of the last voting day, the ballot board for early voting shall:

(d) Place the items in the container provided to
transport those items to the central counting place and seal the container with
a number seal. The official statement of ballots must accompany the items to
the central counting place.

Sec. 82. NRS 293C.3615 is hereby
amended to read as follows:

293C.3615 The city clerk shall make a record of the
receipt at the central counting place of each sealed container used to
transport official ballots pursuant to NRS 293C.295, 293C.325, [293C.3602,]
293C.630 and 293C.635. The record must include the numbers indicated on the
container and its seal pursuant to NRS 293C.700.

Sec. 83. NRS 293C.362 is hereby amended
to read as follows:

293C.362 When the polls are closed, the counting
board shall prepare to count the ballots voted. The counting procedure must be
public and continue without adjournment until completed. If the ballots are paper
ballots ,[or
ballots that are voted by punching a card,] the counting
board shall prepare in the following manner:

1. [The pollbooks must be compared and errors corrected until the
books agree.

2.]
The container that holds the ballots, or the ballot box must be opened and the
ballots contained therein counted by the counting board and opened far enough
to determine whether each ballot is single. If two or more ballots are found
folded together to present the appearance of a single ballot, they must be laid
aside until the count of the ballots is completed. If[, on comparison of the
count with the pollbook,] a majority of the inspectors are
of the opinion that the ballots folded together were voted by one person, the
ballots must be rejected and placed in an envelope, upon which must be written
the reason for their rejection. The envelope must be signed by the counting
board officers and placed in the container or ballot box after the count is
completed.

[3.]2. If the ballots in the container or box are
found to exceed the number of names as are indicated on the [pollbooks,]roster as having voted, the
ballots must be replaced in the container or box and a counting board officer
shall, with his back turned to the container or box, draw out a number of
ballots equal to the excess. The excess ballots must be marked on the back
thereof with the words Excess ballots not counted. The ballots when so marked
must be immediately sealed in an envelope and returned to the city clerk with
the other ballots rejected for any cause.

[4.]3. When it has been determined that the [pollbook
and the] number of ballots [agree]agrees with the
number of names of registered voters shown to have voted, the board shall
proceed to count. If there is a discrepancy between the number of ballots and
the number of voters, a record of the discrepancy must be made.

Sec. 84. NRS 293C.367 is hereby amended
to read as follows:

293C.367 1. The basic factor to be considered by an
election board when making a determination of whether a particular ballot must
be rejected is whether any identifying mark appears on the ballot which, in the
opinion of the election board, constitutes an identifying mark such that there
is a reasonable belief entertained in good faith that the
ballot has been tampered with and, as a result of the tampering, the outcome of
the election would be affected.

reasonable belief entertained in good faith that the ballot
has been tampered with and, as a result of the tampering, the outcome of the
election would be affected.

2. Regulations for counting ballots must include
provisions that:

(a) An error in marking one or more votes on a ballot
does not invalidate any votes properly marked on that ballot.

(b) A soiled or defaced ballot may not be rejected if
it appears that the soiling or defacing was inadvertent and was not done
purposely to identify the ballot.

(c) Only devices provided for in this chapter, chapter
293 or 293B of NRS may be used in marking ballots.

(d) It is unlawful for any election board officer to
place any mark upon any ballot other than a spoiled ballot.

(e) When an election board officer rejects a ballot
for any alleged defect or illegality, the officer shall seal the ballot in an
envelope and write upon the envelope a statement that it was rejected and the
reason for rejecting it. Each election board officer shall sign the envelope.

[(f) In cities where mechanical voting systems are used
whereby a vote is cast by punching a card, a superfluous punch into any card
does not constitute grounds for rejection of the ballot unless the election
board determines that the condition of the ballot justifies its exclusion
pursuant to subsection 1.]

Sec. 85. NRS 293C.369 is hereby amended
to read as follows:

293C.369 1. When counting a vote in an election, if
more choices than permitted by the instructions for a ballot are marked for any
office or question, the vote for that office or question may not be counted.

2. [Except as otherwise provided in subsection 1, in an election
in which a paper ballot is used whereby a vote is cast by placing a cross in
the designated square on the paper ballot, a cross in the designated square
must be counted as a vote.

3. Except
as otherwise provided in subsection 1, in an election in which a mechanical
voting system is used whereby a vote is cast by punching a card:

(a) A chip
on the card must be counted as a vote if:

(1)
The chip has at least one corner that is detached from the card; or

(2)
The fibers of paper on at least one edge of the chip are broken in a way that
permits unimpeded light to be seen through the card.

(b) A
writing or other mark on the card, including, without limitation, a cross,
check, tear or scratch, may not be counted as a vote. The remaining votes on
such a card must be counted unless the ballot is otherwise disqualified.

4.]
Except as otherwise provided in subsection 1, in an election in which a
mechanical voting system is used whereby a vote is cast by darkening a
designated space on the ballot:

(a) A vote must be counted if the designated space is
darkened or there is a writing in the designated space, including, without
limitation, a cross or check; and

(b) Except as otherwise provided in paragraph (a), a
writing or other mark on the ballot, including, without limitation, a cross,
check, tear or scratch may not be counted as a vote.

(a) May adopt regulations establishing additional
uniform, statewide standards, not inconsistent with this section, for counting
a vote cast by a method of voting described in subsection 2 ; [, 3 or 4;]
and

(b) Shall adopt regulations establishing uniform,
statewide standards for counting a vote cast by each method of voting used in
this State that is not described in subsection 2, [3 or 4,]
including, without limitation, a vote cast on a mechanical recording device
which directly records the votes electronically.

Sec. 86. NRS 293C.372 is hereby amended
to read as follows:

293C.372 When all the votes have been [tallied,]counted, the
counting board officers shall enter on the tally lists by the name of each
candidate the number of votes he received. The number must be expressed in
words and figures. The vote for and against any question submitted to the
electors must be entered in the same manner.

Sec. 87. NRS 293C.375 is hereby amended
to read as follows:

293C.375 If paper ballots [or ballots which are
voted by punching a card] are used:

1. After the [tally lists]ballots have been [completed,]counted, the voted
ballots, rejected ballots, tally lists for regular ballots, tally list for
rejected ballots, challenge list, stubs of used ballots, spoiled ballots and
unused ballots must be sealed under cover by the counting board officers and
addressed to the city clerk.

2. The other [pollbooks,]rosters, tally lists
and election board register must be returned to the city clerk.

Sec. 88. NRS 293C.382 is hereby amended
to read as follows:

293C.382 1. [Beginning at 8 a.m. on
the day before the day of an]Not earlier than 4 working days before the election,
the counting board, if it is responsible for counting absent ballots, or the
absent ballot central counting board shall withdraw the ballots from each
ballot box or container that holds absent ballots received before that day and
determine whether each box or container has the required number of ballots
according to the city clerks absent voters record.

2. The counting board or absent ballot central
counting board shall count the number of ballots in the same manner as election
boards.

Sec. 89. NRS 293C.385 is hereby amended
to read as follows:

293C.385 1. [After 8 a.m. on election
day,]Each
day after the initial withdrawal of the ballots pursuant to NRS 293C.382 and
before the day of the election, the counting board, if it is
responsible for counting absent ballots, or the absent ballot central counting
board shall withdraw from the appropriate ballot boxes or containers all the
ballots received the previous day and determine whether each box or container
has the required number of ballots according to the city clerks absent voters
ballot record.

2. If any absent ballots are received by the city
clerk on election day pursuant to NRS 293C.317, the city clerk shall deposit
the absent ballots in the appropriate ballot boxes or containers.

3. [After 8 a.m. on election day,]Not earlier than 4 working days before
the election, the appropriate board shall , [count]
in public , count the
votes cast on the absent ballots.

4. If paper ballots are used, the results of the
absent ballot vote in each precinct must be certified and submitted to the city
clerk, who shall have the results added to the regular votes of the precinct. [If
a mechanical voting system is used in which
a voter casts his ballot by punching a card that is counted by a computer, the
absent ballots may be counted with the regular votes of the precinct.]

system is used
in which a voter casts his ballot by punching a card that is counted by a
computer, the absent ballots may be counted with the regular votes of the
precinct.] The returns of absent ballots must be reported
separately from the regular votes of the precinct, unless reporting the returns
separately would violate the secrecy of a voters ballot. The city clerks shall
develop a procedure to ensure that each ballot is kept secret.

5. Any person who disseminates to the public
information relating to the count of absent ballots before the polls close is
guilty of a misdemeanor.

Sec. 90. NRS 293C.390 is hereby amended
to read as follows:

293C.390 1. The voted ballots, rejected ballots,
spoiled ballots, challenge lists, [voting receipts,]
records printed on paper of voted ballots collected pursuant to NRS 293B.400,
and stubs of the ballots used, enclosed and sealed, must, after canvass of the
votes by the governing body of the city, be deposited in the vaults of the city
clerk. The records of voted ballots that are maintained in electronic form
must, after canvass of the votes by the governing body of the city, be sealed
and deposited in the vaults of the city clerk. The tally lists [and
pollbooks] collected pursuant to NRS 293B.400 must, after
canvass of the votes by the governing body of the city, be deposited in the
vaults of the city clerk without being sealed. All materials described by this
subsection must be preserved for at least 22 months, and all such sealed
materials must be destroyed immediately after that period. A notice of the
destruction must be published by the city clerk in at least one newspaper of
general circulation in the city, or if no newspaper is of general circulation
in that city, in a newspaper of general circulation in the nearest city, not
less than 2 weeks before the destruction of the materials.

2. Unused ballots, enclosed and sealed, must, after
canvass of the votes by the governing body of the city, be deposited in the
vaults of the city clerk and preserved for at least the period during which the
election may be contested and adjudicated, after which the unused ballots may
be destroyed.

3. The [pollbooks]rosters containing the
signatures of those persons who voted in the election and the tally lists
deposited with the governing body of the city are subject to the inspection of
any elector who may wish to examine them at any time after their deposit with
the city clerk.

4. A contestant of an election may inspect all of the
material relating to that election which is preserved pursuant to subsection 1
or 2, except the voted ballots.

5. The voted ballots deposited with the city clerk
are not subject to the inspection of any person, except in cases of a contested election, and only by the
judge, body or board before whom the election is being contested, or by the
parties to the contest, jointly, pursuant to an order of the judge, body or
board.

Sec. 91. NRS 293C.620 is hereby amended
to read as follows:

293C.620 1. At each election a member of the
election board for a precinct shall issue each voter a ballot.

2. If a mechanical voting system is used in a primary
city election whereby votes are directly recorded electronically, a member of
the election board shall, if the
clerk uses voting receipts, in addition to the ballot described
in subsection 1, issue the voter a voting receipt.

3. The member of the election board shall[:

(a) Direct]direct the voter to
a mechanical recording device containing a list of offices and candidates . [; or

(b) Issue
a ballot attached to a sheet of foam plastic or similar backing material, a
punching instrument, a sample ballot and an instruction sheet to the voter and
instruct him to punch his ballot by reference to the sample ballot.]

Sec. 92. NRS 293C.630 is hereby amended
to read as follows:

293C.630 1. Upon closing of the polls, the election
board shall:

(a) Secure all mechanical recording devices against
further voting.

(b) [If a mechanical voting system is used whereby votes are cast
by punching a card:

(1)
Count the number of ballots in the ballot boxes.

(2)
Account for all ballots on the statement of ballots.

(3)
Place all official ballots, the ballot statement and any other records, reports
and materials as directed by the city clerk into the container provided by him
to transport those items to a central counting place and seal the container.

(c)]
If a mechanical voting system is used whereby votes are directly recorded
electronically:

(1) Ensure that each mechanical recording
device:

(I) Provides a record printed on paper of
the total number of votes recorded on the device for each candidate and for or
against each measure; and

(II) Transfers the ballots voted on that
device to the storage device required pursuant to NRS 293B.084.

(2) Count the number of ballots voted at the
polling place.

(3) Account for all ballots on the statement of
ballots.

(4) Place all records printed on paper provided
by the mechanical recording devices, all storage devices which store the
ballots voted on the mechanical recording devices, and any other records,
reports and materials as directed by the city clerk into the container provided
by him to transport those items to a central counting place and seal the
container.

[(d)](c) Record the number of voters on a form
provided by the city clerk.

2. If a difference exists between the number of
voters and the number of ballots voted, the election board shall report the
difference and any known reasons for the difference, in writing, to the city
clerk.

3. After closing the polls, the election board shall:

(a) Compare the quantity of the supplies furnished by
the city clerk with the inventory of those supplies; and

(b) Note any shortages.

4. The city clerk shall allow members of the general
public to observe the handling of the ballots pursuant to subsection 1 if those
members do not interfere with the handling of the ballots.

Sec. 93. NRS 293C.645 is hereby amended
to read as follows:

293C.645 The central ballot inspection board shall:

1. Receive the ballots in sealed containers.

2. Inspect the containers, record the number
indicated on each container and its seal pursuant to NRS 293.462 and remove the
[ballots or] storage devices that store
the ballots voted on mechanical recording devices that directly record votes
electronically.

3. Register the numbers of ballots by precinct.

4. Deliver any damaged paper ballots to the ballot duplicating board . [, if the ballots were
voted by punching a card.]

5. Receive duplicates of damaged paper ballots from the ballot duplicating
board and place the duplicates with the voted ballots of the appropriate
precinct . [,
if the ballots were voted by punching a card.]

6. Place each damaged original paper ballot in a separate envelope and note
on the outside of the envelope the appropriate number of the precinct . [, if the ballot was voted
by punching a card.]

7. Reject any paper ballot that has been marked in a way
that identifies the voter.

8. Place each rejected paper ballot in a separate envelope and note
on the outside of the envelope the appropriate number of the precinct and the
reason for the boards rejection of the ballot . [, if the ballot was voted
by punching a card.]

(1)
The chip has at least one corner that is detached from the card; or

(2)
The fibers of paper on at least one edge of the chip are broken in a way that
permits unimpeded light to be seen through the card; or

(b) Duplicate
the card without punching the location of the incompletely punched chip if:

(1)
The chip does not have at least one corner that is detached from the card; and

(2)
The fibers of paper on no edge of the chip are broken in a way that permits
unimpeded light to be seen through the card.

5.]3. Record the
serial number of the duplicate ballot on the damaged original ballot and return
the damaged and duplicate ballots to the appropriate ballot inspection board.

[6.]4. Hold aside the duplicated ballots for
counting after all other ballots are counted if this procedure is directed by
the city clerk.

Sec. 95. NRS 293C.700 is hereby amended
to read as follows:

293C.700 1. Each container used to transport
official ballots pursuant to NRS 293C.295, 293C.325, [293C.3602,]
293C.630 and 293C.635 must:

(a) Be constructed of metal or any other rigid
material; and

(b) Contain a seal which is placed on the container to
ensure detection of any opening of the container.

2. The container and seal must be separately numbered
for identification.

Sec. 96. NRS 233B.070 is hereby amended
to read as follows:

233B.070 1. A permanent regulation becomes effective
when the Legislative Counsel files with the Secretary of State the original of
the final draft or revision of a regulation, except as otherwise provided in
NRS 233B.0665 or 293.247 or
where a later date is specified in the regulation.

2. Except as otherwise provided in NRS 233B.0633, an
agency that has adopted a temporary regulation may not file the temporary
regulation with the Secretary of State until 35 days after the date on which
the temporary regulation was adopted by the agency.

regulation was adopted by the agency. A temporary regulation
becomes effective when the agency files with the Secretary of State the
original of the final draft or revision of the regulation, together with the
informational statement prepared pursuant to NRS 233B.066. The agency shall
also file a copy of the temporary regulation with the Legislative Counsel,
together with the informational statement prepared pursuant to NRS 233B.066.

3. An emergency regulation becomes effective when the
agency files with the Secretary of State the original of the final draft or
revision of an emergency regulation, together with the informational statement
prepared pursuant to NRS 233B.066. The agency shall also file a copy of the
emergency regulation with the Legislative Counsel, together with the
informational statement prepared pursuant to NRS 233B.066.

4. The Secretary of State shall maintain the original
of the final draft or revision of each regulation in a permanent file to be
used only for the preparation of official copies.

5. The Secretary of State shall file, with the
original of each agencys rules of practice, the current statement of the
agency concerning the date and results of its most recent review of those
rules.

6. Immediately after each permanent or temporary
regulation is filed, the agency shall deliver one copy of the final draft or
revision, bearing the stamp of the Secretary of State indicating that it has
been filed, including material adopted by reference which is not already filed
with the State Library and Archives Administrator, to the State Library and
Archives Administrator for use by the public. If the agency is a licensing
board as defined in NRS 439B.225 and it has adopted a permanent regulation
relating to standards for licensing or registration or for the renewal of a
license or a certificate of registration issued to a person or facility
regulated by the agency, the agency shall also deliver one copy of the
regulation, bearing the stamp of the Secretary of State, to the Legislative
Committee on Health Care within 10 days after the regulation is filed with the
Secretary of State.

7. Each agency shall furnish a copy of all or part of
that part of the Nevada Administrative Code which contains its regulations, to
any person who requests a copy, and may charge a reasonable fee for the copy
based on the cost of reproduction if it does not have money appropriated or
authorized for that purpose.

8. An agency which publishes any regulations included
in the Nevada Administrative Code shall use the exact text of the regulation as
it appears in the Nevada Administrative Code, including the leadlines and
numbers of the sections. Any other material which an agency includes in a
publication with its regulations must be presented in a form which clearly
distinguishes that material from the regulations.

Sec. 97. NRS 353.264 is hereby amended
to read as follows:

353.264 1. The Reserve for Statutory Contingency
Account is hereby created in the State General Fund.

2. The State Board of Examiners shall administer the
Reserve for Statutory Contingency Account. The money in the Account must be
expended only for:

Ê except that
claims may be approved for the respective purposes listed in this paragraph
only when the money otherwise appropriated for those purposes has been
exhausted;

(c) The payment of claims which are obligations of the
State pursuant to NRS 41.0349 and 41.037, but only to the extent that the money
in the Fund for Insurance Premiums is insufficient to pay the claims; and

(d) The payment of claims which are obligations of the
State pursuant to NRS 535.030 arising from remedial actions taken by the State
Engineer when the condition of a dam becomes dangerous to the safety of life or
property.

3. The State Board of Examiners may authorize its
Clerk, under such circumstances as it deems appropriate, to approve, on behalf
of the Board, the payment of claims from the Reserve for Statutory Contingency
Account. For the purpose of exercising any authority granted to the Clerk of
the State Board of Examiners pursuant to this subsection, any statutory
reference to the State Board of Examiners relating to such a claim shall be
deemed to refer to the Clerk of the Board.

Sec. 98. NRS 353.264 is hereby amended
to read as follows:

353.264 1. The Reserve for Statutory Contingency
Account is hereby created in the State General Fund.

2. The State Board of Examiners shall administer the
Reserve for Statutory Contingency Account. The money in the Account must be
expended only for:

Ê except that
claims may be approved for the respective purposes listed in this paragraph
only when the money otherwise appropriated for those purposes has been
exhausted;

(c) The payment of claims which are obligations of the
State pursuant to NRS 41.0349 and 41.037, but only to the extent that the money
in the Fund for Insurance Premiums is insufficient to pay the claims; and

(d) The payment of claims which are obligations of the
State pursuant to NRS 535.030 arising from remedial actions taken by the State
Engineer when the condition of a dam becomes dangerous to the safety of life or
property.

3. The State Board of Examiners may authorize its
Clerk, under such circumstances as it deems appropriate, to approve, on behalf
of the Board, the payment of claims from the Reserve for Statutory Contingency
Account. For the purpose of exercising any authority granted to the Clerk of
the State Board of Examiners pursuant to this subsection,
any statutory reference to the State Board of Examiners relating to such a
claim shall be deemed to refer to the Clerk of the Board.

Board of Examiners pursuant to this subsection, any
statutory reference to the State Board of Examiners relating to such a claim
shall be deemed to refer to the Clerk of the Board.

Sec. 99. NRS 539.143 is hereby amended
to read as follows:

539.143 In all [pollbooks]rosters and lists of
registered electors prepared for any election under this chapter, the names of
electors who have registered or reregistered for such election shall be
distinguished from the names of those who voted at the last preceding district
election but who have not so registered or reregistered, by the letter R
enclosed in parentheses placed before each of the names of the former and the
omission thereof in connection with the names of the latter.

Sec. 100.Section 8 of the Elko
Convention and Visitors Authority Act, being chapter 227, Statutes of Nevada
1975, as last amended by chapter 70, Statutes of Nevada 2001, at page 516,
is hereby amended to read as follows:

Sec. 8. 1. The Authority
must be governed by a Board of Governors consisting of five members appointed
or elected as follows:

(a) One member appointed by
the Board of Supervisors of the City of Elko, who must be a current member of
the Board of Supervisors;

(b) One member appointed by
the Board of County Commissioners of Elko County, who must be a current member
of the Board of County Commissioners;

(c) Two members elected at
large, who must reside within the City of Elko and within the boundaries of the
Authority; and

(d) One member elected at
large, who must reside outside the City of Elko but within the boundaries of
the Authority.

2. Subject to the provisions
of subsection 3, the terms of those members appointed pursuant to paragraphs
(a) and (b) of subsection 1 are coterminous with their respective terms in
their specified elective offices.

3. Those members appointed
pursuant to paragraph (a) or (b) of subsection 1 may be removed by the
appointing board with or without cause.

4. Any vacancy occurring
among the members of the Board appointed pursuant to paragraph (a) or (b) of
subsection 1 must be filled promptly by the Board which appointed the member
whose position has become vacant. Any vacancy occurring among the members of
the Board elected pursuant to paragraph (c) or (d) of subsection 1 must be
filled promptly by appointment by the Board of County Commissioners of Elko County. The member appointed by the Board of County Commissioners to fill a vacancy in
a position created pursuant to paragraph (c) or (d) must not be a member of the
Board of County Commissioners but must meet the residency requirements for the
vacant position.

5. If a member elected
pursuant to paragraph (c) or (d) of subsection 1 or appointed to fill a vacancy
in a position created pursuant to one of those paragraphs ceases to reside in
the area specified in the paragraph under which he was elected or appointed, he
is automatically disqualified from serving on the Board. A disqualified members position must be filled by the prompt
appointment of a successor in the manner specified in subsection 4.

disqualified members position must
be filled by the prompt appointment of a successor in the manner specified in
subsection 4.

6. The term of a person
appointed to fill a vacancy is the unexpired term of the member he replaces.

7. A general authority
election must be held in conjunction with the general election in 1992 and with
such elections every 2 years thereafter. The three members of the Board
described in paragraphs (c) and (d) of subsection 1 must be elected at the
general authority election in 1992. The offices created pursuant to those
paragraphs are nonpartisan. Each candidate for one of these offices must file a
declaration of candidacy with the County Clerk not earlier than January 1
preceding the election and not later than 5 p.m. on the third Friday in August
of the year of the election. In
any general authority election, if, at 5 p.m. on the third Friday in August,
only one candidate has filed a declaration of candidacy for one of the offices
created pursuant to paragraph (c) or (d) of subsection 1, that candidate must
be declared elected to that office and no election may be held for that office.
The terms of office of the members described in paragraphs (c)
and (d) of subsection 1 are 4 years, except that, the initial term of office of
one of the members described in paragraph (c) of subsection 1 is 2 years. The County Clerk shall designate the seat which will have an initial term of 2 years before any
candidate files a declaration of candidacy for the election. The period for
registering to vote in the general authority election must be closed on the
30th calendar day preceding the date of the election. All persons who are
qualified to vote at general elections in this State and reside within the
boundaries of the authority upon the date of the close of registration are
entitled to vote at the general authority election. Except as otherwise
provided in this subsection, a general authority election must be carried out
in the same manner as provided for other general elections in title 24 of NRS.